Page:United States Statutes at Large Volume 100 Part 4.djvu/184

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3112 59 I;Hi 3<iLi ds:

PUBLIC LAW 99-554—OCT. 27, 1986 "(b) Before or at the time of each payment to creditors under the plan, there shall be paid—

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11 USC 1227.

11 USC 1228.

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11 USC 701 et seq.

"(1) any unpaid claim of the kind specified in section 507(a)(1) of this title; and "(2) if a standing t r u s t e e appointed under section 1202(d) of

this title is serving in the case, the percentage fee fixed for such standing trustee under section 1202(e) of this title. "(c) Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan. "§ 1227. Effect of confirmation "(a) Except as provided in section 1228(a) of this title, the provisions of a confirmed plan bind the debtor, each creditor, each equity security holder, and each general partner in the debtor, whether or not the claim of such creditor, such equity security holder, or such general partner in the debtor is provided for by the plan, and whether or not such creditor, such equity security holder, or such general partner in the debtor has objected to, has accepted, or has rejected the plan. "(b) Except as otherwise provided in the plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor. "(c) Except as provided in section 1228(a) of this title and except as otherwise provided in the plan or in the order confirming the plan, the property vesting in the debtor under subsection (b) of this section is free and clear of any claim or interest of any creditor provided for by the plan. . "§ 1228. Discharge "(a) As soon as practicable after completion by the debtor of all payments under the plan, other than payments to holders of allowed claims provided for under section 1222(b)(5) or 1222(b)(10) of this title, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan allowed under section 503 of this title or disallowed under section 502 of this title, except any debt— "(1) provided for under section 1222(b)(5) or 1222(b)(10) of this title; or "rf-» "(2) of the kind specified in section 523(a) of this title. "(b) At any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if— "(1) the debtor's failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable; "(2) the value, as of the effective date of the plan, of property '"»• actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the estate of the debtor had been liquidated under chapter 7 of this title on such date; and "(3) modification of the plan under section 1229 of this title is not practicable. "(c) A discharge granted under subsection (b) of this section discharges the debtor from all unsecured debts provided for by the plan or disallowed under section 502 of this title, except any debt—