Page:United States Statutes at Large Volume 92 Part 2.djvu/1365

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2645

CHAPTER 13—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE Sec.

1301. 1302. 1303. 1304. 1305. 1306. 1307.

Stay of action against codebtor. Trustee. Bights and powers of debtor. Debtor engaged in business. Filing and allowance of postpetition claims. Property of the estate. Conversion or dismissal.

i.

SUBCHAPTER II—THE PLAN 1321. 1322. 1323. 1324. 1325. 1326. 1327. 1328. 1329. 1330.

Filing of plan. Contents of plan. Modification of plan before confirmation. Confirmation hearing. Confirmation of plan. Payments. Effect of confirmation. Discharge. Modification of plan after confirmation. Bevocation of an order of confirmation.

.'

SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE §1301. Stay of action against codebtor (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless— (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or (2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title. (b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument. (c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that— (1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor; (2) the plan filed by the debtor proposes not to pay such claim; or (3) such creditor's interest would be irreparably harmed by such stay. §1302. Trustee (a) If the court has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the court shall appoint a person to serve as trustee in the case. (b) The trustee shall— (1) perform the duties specified in sections 704(2), 704(3), 704(4), 704(5), 704(6), and 704(8) of this title;

H USC 1301.

^«*e, pp. 2603, 2625. Notice and hearing,

11 USC 1302. Ante, p. 2562.

Ante, f. 2605.

�