Page:United States Statutes at Large Volume 92 Part 2.djvu/1370

 92 STAT. 2650

11 USC 1326. Ante, p. 2583.

11 USC 1327.

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11 USC 1328.

Ante, p. 2579. Ante, p. 2590. Notice and hearing.

Anu, p. 2603.

PUBLIC LAW 95-598—NOV. 6, 1978

(b) After confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee. § 1326. Payments (a) Before or at the time of each payment to creditors under the plan, there shall be paid— (1) any unpaid claim of the kind specified in section 507(a)(1) of this title; and (2) if a standing trustee appointed under section 1302(d) is serving in the case, the percentage fee fixed for such standing trustee under section 1302(e) of this title. (b) Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan. § 1327. Effect of confirmation (a) The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor 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 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. § 1328. Discharge (a) As soon as practicable after completion by the debtor of all payments under the plan, 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 or disallowed under section 502 of this title, except any debt— (1) provided for under section 1322(b)(5) of this title; or (2) of the kind specified in section 523(a)(5) of this title. (b) At any time after the confirmation of the plan and after notice ^nd 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 1329 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— (1 ^ provided for under section 1322(b)(5) of this title; or (2) of a kind specified in section 523(a) of this title.

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