Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 5–CREDITORS, THE DEBTOR, AND THE ESTATE

Sub Chapter II – Debtor's Duties and Benefits

Sec. 524. Effect of discharge

 (a) A discharge in a case under this title--
        (1) voids any judgment at any time obtained, to the extent that 
    such judgment is a determination of the personal liability of the 
    debtor with respect to any debt discharged under section 727, 944, 
    1141, 1228, or 1328 of this title, whether or not discharge of such 
    debt is waived;
        (2) operates as an injunction against the commencement or 
    continuation of an action, the employment of process, or an act, to 
    collect, recover or offset any such debt as a personal liability of 
    the debtor, whether or not discharge of such debt is waived; and
        (3) operates as an injunction against the commencement or 
    continuation of an action, the employment of process, or an act, to 
    collect or recover from, or offset against, property of the debtor 
    of the kind specified in section 541(a)(2) of this title that is 
    acquired after the commencement of the case, on account of any 
    allowable community claim, except a community claim that is excepted 
    from discharge under section 523, 1228(a)(1), or 1328(a)(1) \1\ of 
    this title, or that would be so excepted, determined in accordance 
    with the provisions of sections 523(c) and 523(d) of this title, in 
    a case concerning the debtor's spouse commenced on the date of the 
    filing of the petition in the case concerning the debtor, whether or 
    not discharge of the debt based on such community claim is waived.
---------------------------------------------------------------------------
    \1\ See 1986 and 1994 Amendment notes below.

    (b) Subsection (a)(3) of this section does not apply if--
        (1)(A) the debtor's spouse is a debtor in a case under this 
    title, or a bankrupt or a debtor in a case under the Bankruptcy Act, 
    commenced within six years of the date of the filing of the petition 
    in the case concerning the debtor; and
        (B) the court does not grant the debtor's spouse a discharge in 
    such case concerning the debtor's spouse; or
        (2)(A) the court would not grant the debtor's spouse a discharge 
    in a case under chapter 7 of this title concerning such spouse 
    commenced on the date of the filing of the petition in the case 
    concerning the debtor; and
        (B) a determination that the court would not so grant such 
    discharge is made by the bankruptcy court within the time and in the 
    manner provided for a determination under section 727 of this title 
    of whether a debtor is granted a discharge.

    (c) An agreement between a holder of a claim and the debtor, the 
consideration for which, in whole or in part, is based on a debt that is 
dischargeable in a case under this title is enforceable only to any 
extent enforceable under applicable nonbankruptcy law, whether or not 
discharge of such debt is waived, only if--
        (1) such agreement was made before the granting of the discharge 
    under section 727, 1141, 1228, or 1328 of this title;
        (2)(A) such agreement contains a clear and conspicuous statement 
    which advises the debtor that the agreement may be rescinded at any 
    time prior to discharge or within sixty days after such agreement is 
    filed with the court, whichever occurs later, by giving notice of 
    rescission to the holder of such claim; and
        (B) such agreement contains a clear and conspicuous statement 
    which advises the debtor that such agreement is not required under 
    this title, under nonbankruptcy law, or under any agreement not in 
    accordance with the provisions of this subsection;
        (3) such agreement has been filed with the court and, if 
    applicable, accompanied by a declaration or an affidavit of the 
    attorney that represented the debtor during the course of 
    negotiating an agreement under this subsection, which states that--
            (A) such agreement represents a fully informed and voluntary 
        agreement by the debtor;
            (B) such agreement does not impose an undue hardship on the 
        debtor or a dependent of the debtor; and
            (C) the attorney fully advised the debtor of the legal 
        effect and consequences of--
                (i) an agreement of the kind specified in this 
            subsection; and
                (ii) any default under such an agreement;

        (4) the debtor has not rescinded such agreement at any time 
    prior to discharge or within sixty days after such agreement is 
    filed with the court, whichever occurs later, by giving notice of 
    rescission to the holder of such claim;
        (5) the provisions of subsection (d) of this section have been 
    complied with; and
        (6)(A) in a case concerning an individual who was not 
    represented by an attorney during the course of negotiating an 
    agreement under this subsection, the court approves such agreement 
    as--
            (i) not imposing an undue hardship on the debtor or a 
        dependent of the debtor; and
            (ii) in the best interest of the debtor.

        (B) Subparagraph (A) shall not apply to the extent that such 
    debt is a consumer debt secured by real property.

    (d) In a case concerning an individual, when the court has 
determined whether to grant or not to grant a discharge under section 
727, 1141, 1228, or 1328 of this title, the court may hold a hearing at 
which the debtor shall appear in person. At any such hearing, the court 
shall inform the debtor that a discharge has been granted or the reason 
why a discharge has not been granted. If a discharge has been granted 
and if the debtor desires to make an agreement of the kind specified in 
subsection (c) of this section and was not represented by an attorney 
during the course of negotiating such agreement, then the court shall 
hold a hearing at which the debtor shall appear in person and at such 
hearing the court shall--
        (1) inform the debtor--
            (A) that such an agreement is not required under this title, 
        under nonbankruptcy law, or under any agreement not made in 
        accordance with the provisions of subsection (c) of this 
        section; and
            (B) of the legal effect and consequences of--
                (i) an agreement of the kind specified in subsection (c) 
            of this section; and
                (ii) a default under such an agreement; and

        (2) determine whether the agreement that the debtor desires to 
    make complies with the requirements of subsection (c)(6) of this 
    section, if the consideration for such agreement is based in whole 
    or in part on a consumer debt that is not secured by real property 
    of the debtor.

    (e) Except as provided in subsection (a)(3) of this section, 
discharge of a debt of the debtor does not affect the liability of any 
other entity on, or the property of any other entity for, such debt.
    (f) Nothing contained in subsection (c) or (d) of this section 
prevents a debtor from voluntarily repaying any debt.
    (g)(1)(A) After notice and hearing, a court that enters an order 
confirming a plan of reorganization under chapter 11 may issue, in 
connection with such order, an injunction in accordance with this 
subsection to supplement the injunctive effect of a discharge under this 
section.
    (B) An injunction may be issued under subparagraph (A) to enjoin 
entities from taking legal action for the purpose of directly or 
indirectly collecting, recovering, or receiving payment or recovery with 
respect to any claim or demand that, under a plan of reorganization, is 
to be paid in whole or in part by a trust described in paragraph 
(2)(B)(i), except such legal actions as are expressly allowed by the 
injunction, the confirmation order, or the plan of reorganization.
    (2)(A) Subject to subsection (h), if the requirements of 
subparagraph (B) are met at the time an injunction described in 
paragraph (1) is entered, then after entry of such injunction, any 
proceeding that involves the validity, application, construction, or 
modification of such injunction, or of this subsection with respect to 
such injunction, may be commenced only in the district court in which 
such injunction was entered, and such court shall have exclusive 
jurisdiction over any such proceeding without regard to the amount in 
controversy.
    (B) The requirements of this subparagraph are that--
        (i) the injunction is to be implemented in connection with a 
    trust that, pursuant to the plan of reorganization--
            (I) is to assume the liabilities of a debtor which at the 
        time of entry of the order for relief has been named as a 
        defendant in personal injury, wrongful death, or property-damage 
        actions seeking recovery for damages allegedly caused by the 
        presence of, or exposure to, asbestos or asbestos-containing 
        products;
            (II) is to be funded in whole or in part by the securities 
        of 1 or more debtors involved in such plan and by the obligation 
        of such debtor or debtors to make future payments, including 
        dividends;
            (III) is to own, or by the exercise of rights granted under 
        such plan would be entitled to own if specified contingencies 
        occur, a majority of the voting shares of--
                (aa) each such debtor;
                (bb) the parent corporation of each such debtor; or
                (cc) a subsidiary of each such debtor that is also a 
            debtor; and

            (IV) is to use its assets or income to pay claims and 
        demands; and

        (ii) subject to subsection (h), the court determines that--
            (I) the debtor is likely to be subject to substantial future 
        demands for payment arising out of the same or similar conduct 
        or events that gave rise to the claims that are addressed by the 
        injunction;
            (II) the actual amounts, numbers, and timing of such future 
        demands cannot be determined;
            (III) pursuit of such demands outside the procedures 
        prescribed by such plan is likely to threaten the plan's purpose 
        to deal equitably with claims and future demands;
            (IV) as part of the process of seeking confirmation of such 
        plan--
                (aa) the terms of the injunction proposed to be issued 
            under paragraph (1)(A), including any provisions barring 
            actions against third parties pursuant to paragraph (4)(A), 
            are set out in such plan and in any disclosure statement 
            supporting the plan; and
                (bb) a separate class or classes of the claimants whose 
            claims are to be addressed by a trust described in clause 
            (i) is established and votes, by at least 75 percent of 
            those voting, in favor of the plan; and

            (V) subject to subsection (h), pursuant to court orders or 
        otherwise, the trust will operate through mechanisms such as 
        structured, periodic, or supplemental payments, pro rata 
        distributions, matrices, or periodic review of estimates of the 
        numbers and values of present claims and future demands, or 
        other comparable mechanisms, that provide reasonable assurance 
        that the trust will value, and be in a financial position to 
        pay, present claims and future demands that involve similar 
        claims in substantially the same manner.

    (3)(A) If the requirements of paragraph (2)(B) are met and the order 
confirming the plan of reorganization was issued or affirmed by the 
district court that has jurisdiction over the reorganization case, then 
after the time for appeal of the order that issues or affirms the plan--
        (i) the injunction shall be valid and enforceable and may not be 
    revoked or modified by any court except through appeal in accordance 
    with paragraph (6);
        (ii) no entity that pursuant to such plan or thereafter becomes 
    a direct or indirect transferee of, or successor to any assets of, a 
    debtor or trust that is the subject of the injunction shall be 
    liable with respect to any claim or demand made against such entity 
    by reason of its becoming such a transferee or successor; and
        (iii) no entity that pursuant to such plan or thereafter makes a 
    loan to such a debtor or trust or to such a successor or transferee 
    shall, by reason of making the loan, be liable with respect to any 
    claim or demand made against such entity, nor shall any pledge of 
    assets made in connection with such a loan be upset or impaired for 
    that reason;

    (B) Subparagraph (A) shall not be construed to--
        (i) imply that an entity described in subparagraph (A)(ii) or 
    (iii) would, if this paragraph were not applicable, necessarily be 
    liable to any entity by reason of any of the acts described in 
    subparagraph (A);
        (ii) relieve any such entity of the duty to comply with, or of 
    liability under, any Federal or State law regarding the making of a 
    fraudulent conveyance in a transaction described in subparagraph 
    (A)(ii) or (iii); or
        (iii) relieve a debtor of the debtor's obligation to comply with 
    the terms of the plan of reorganization, or affect the power of the 
    court to exercise its authority under sections 1141 and 1142 to 
    compel the debtor to do so.

    (4)(A)(i) Subject to subparagraph (B), an injunction described in 
paragraph (1) shall be valid and enforceable against all entities that 
it addresses.
    (ii) Notwithstanding the provisions of section 524(e), such an 
injunction may bar any action directed against a third party who is 
identifiable from the terms of such injunction (by name or as part of an 
identifiable group) and is alleged to be directly or indirectly liable 
for the conduct of, claims against, or demands on the debtor to the 
extent such alleged liability of such third party arises by reason of--
        (I) the third party's ownership of a financial interest in the 
    debtor, a past or present affiliate of the debtor, or a predecessor 
    in interest of the debtor;
        (II) the third party's involvement in the management of the 
    debtor or a predecessor in interest of the debtor, or service as an 
    officer, director or employee of the debtor or a related party;
        (III) the third party's provision of insurance to the debtor or 
    a related party; or
        (IV) the third party's involvement in a transaction changing the 
    corporate structure, or in a loan or other financial transaction 
    affecting the financial condition, of the debtor or a related party, 
    including but not limited to--
            (aa) involvement in providing financing (debt or equity), or 
        advice to an entity involved in such a transaction; or
            (bb) acquiring or selling a financial interest in an entity 
        as part of such a transaction.

    (iii) As used in this subparagraph, the term ``related party'' 
means--
        (I) a past or present affiliate of the debtor;
        (II) a predecessor in interest of the debtor; or
        (III) any entity that owned a financial interest in--
            (aa) the debtor;
            (bb) a past or present affiliate of the debtor; or
            (cc) a predecessor in interest of the debtor.

    (B) Subject to subsection (h), if, under a plan of reorganization, a 
kind of demand described in such plan is to be paid in whole or in part 
by a trust described in paragraph (2)(B)(i) in connection with which an 
injunction described in paragraph (1) is to be implemented, then such 
injunction shall be valid and enforceable with respect to a demand of 
such kind made, after such plan is confirmed, against the debtor or 
debtors involved, or against a third party described in subparagraph 
(A)(ii), if--
        (i) as part of the proceedings leading to issuance of such 
    injunction, the court appoints a legal representative for the 
    purpose of protecting the rights of persons that might subsequently 
    assert demands of such kind, and
        (ii) the court determines, before entering the order confirming 
    such plan, that identifying such debtor or debtors, or such third 
    party (by name or as part of an identifiable group), in such 
    injunction with respect to such demands for purposes of this 
    subparagraph is fair and equitable with respect to the persons that 
    might subsequently assert such demands, in light of the benefits 
    provided, or to be provided, to such trust on behalf of such debtor 
    or debtors or such third party.

    (5) In this subsection, the term ``demand'' means a demand for 
payment, present or future, that--
        (A) was not a claim during the proceedings leading to the 
    confirmation of a plan of reorganization;
        (B) arises out of the same or similar conduct or events that 
    gave rise to the claims addressed by the injunction issued under 
    paragraph (1); and
        (C) pursuant to the plan, is to be paid by a trust described in 
    paragraph (2)(B)(i).

    (6) Paragraph (3)(A)(i) does not bar an action taken by or at the 
direction of an appellate court on appeal of an injunction issued under 
paragraph (1) or of the order of confirmation that relates to the 
injunction.
    (7) This subsection does not affect the operation of section 1144 or 
the power of the district court to refer a proceeding under section 157 
of title 28 or any reference of a proceeding made prior to the date of 
the enactment of this subsection.
    (h) Application to Existing Injunctions.--For purposes of subsection 
(g)--
        (1) subject to paragraph (2), if an injunction of the kind 
    described in subsection (g)(1)(B) was issued before the date of the 
    enactment of this Act, as part of a plan of reorganization confirmed 
    by an order entered before such date, then the injunction shall be 
    considered to meet the requirements of subsection (g)(2)(B) for 
    purposes of subsection (g)(2)(A), and to satisfy subsection 
    (g)(4)(A)(ii), if--
            (A) the court determined at the time the plan was confirmed 
        that the plan was fair and equitable in accordance with the 
        requirements of section 1129(b);
            (B) as part of the proceedings leading to issuance of such 
        injunction and confirmation of such plan, the court had 
        appointed a legal representative for the purpose of protecting 
        the rights of persons that might subsequently assert demands 
        described in subsection (g)(4)(B) with respect to such plan; and
            (C) such legal representative did not object to confirmation 
        of such plan or issuance of such injunction; and

        (2) for purposes of paragraph (1), if a trust described in 
    subsection (g)(2)(B)(i) is subject to a court order on the date of 
    the enactment of this Act staying such trust from settling or paying 
    further claims--
            (A) the requirements of subsection (g)(2)(B)(ii)(V) shall 
        not apply with respect to such trust until such stay is lifted 
        or dissolved; and
            (B) if such trust meets such requirements on the date such 
        stay is lifted or dissolved, such trust shall be considered to 
        have met such requirements continuously from the date of the 
        enactment of this Act.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2592; Pub. L. 98-353, title III, 
Secs. 308, 455, July 10, 1984, 98 Stat. 354, 376; Pub. L. 99-554, title 
II, Secs. 257(o), 282, 283(k), Oct. 27, 1986, 100 Stat. 3115-3117; Pub. 
L. 103-394, title I, Secs. 103, 111(a), title V, Sec. 501(d)(14), Oct. 
22, 1994, 108 Stat. 4108, 4113, 4145.)


                      Historical and Revision Notes

                         legislative statements

    Section 524(a) of the House amendment represents a compromise 
between the House bill and the Senate amendment. Section 524(b) of the 
House amendment is new, and represents standards clarifying the 
operation of section 524(a)(3) with respect to community property.
    Sections 524(c) and (d) represent a compromise between the House 
bill and Senate amendment on the issue of reaffirmation of a debt 
discharged in bankruptcy. Every reaffirmation to be enforceable must be 
approved by the court, and any debtor may rescind a reaffirmation for 30 
days from the time the reaffirmation becomes enforceable. If the debtor 
is an individual the court must advise the debtor of various effects of 
reaffirmation at a hearing. In addition, to any extent the debt is a 
consumer debt that is not secured by real property of the debtor 
reaffirmation is permitted only if the court approves the reaffirmation 
agreement, before granting a discharge under section 727, 1141, or 1328, 
as not imposing a hardship on the debtor or a dependent of the debtor 
and in the best interest of the debtor; alternatively, the court may 
approve an agreement entered into in good faith that is in settlement of 
litigation of a complaint to determine dischargeability or that is 
entered into in connection with redemption under section 722. The 
hearing on discharge under section 524(d) will be held whether or not 
the debtor desires to reaffirm any debts.


                        senate report no. 95-989

    Subsection (a) specifies that a discharge in a bankruptcy case voids 
any judgment to the extent that it is a determination of the personal 
liability of the debtor with respect to a prepetition debt, and operates 
as an injunction against the commencement or continuation of an action, 
the employment of process, or any act, including telephone calls, 
letters, and personal contacts, to collect, recover, or offset any 
discharged debt as a personal liability of the debtor, or from property 
of the debtor, whether or not the debtor has waived discharge of the 
debt involved. The injunction is to give complete effect to the 
discharge and to eliminate any doubt concerning the effect of the 
discharge as a total prohibition on debt collection efforts. This 
paragraph has been expanded over a comparable provision in Bankruptcy 
Act Sec. 14f [section 32(f) of former title 11] to cover any act to 
collect, such as dunning by telephone or letter, or indirectly through 
friends, relatives, or employers, harassment, threats of repossession, 
and the like. The change is consonant with the new policy forbidding 
binding reaffirmation agreements under proposed 11 U.S.C. 524(b), and is 
intended to insure that once a debt is discharged, the debtor will not 
be pressured in any way to repay it. In effect, the discharge 
extinguishes the debt, and creditors may not attempt to avoid that. The 
language ``whether or not discharge of such debt is waived'' is intended 
to prevent waiver of discharge of a particular debt from defeating the 
purposes of this section. It is directed at waiver of discharge of a 
particular debt, not waiver of discharge in toto as permitted under 
section 727(a)(9).
    Subsection (a) also codifies the split discharge for debtors in 
community property states. If community property was in the estate and 
community claims were discharged, the discharge is effective against 
community creditors of the nondebtor spouse as well as of the debtor 
spouse.
    Subsection (b) gives further effect to the discharge. It prohibits 
reaffirmation agreements after the commencement of the case with respect 
to any dischargeable debt. The prohibition extends to agreements the 
consideration for which in whole or in part is based on a dischargeable 
debt, and it applies whether or not discharge of the debt involved in 
the agreement has been waived. Thus, the prohibition on reaffirmation 
agreements extends to debts that are based on discharged debts. Thus, 
``second generation'' debts, which included all or a part of a 
discharged debt could not be included in any new agreement for new 
money. This subsection will not have any effect on reaffirmations of 
debts discharged under the Bankruptcy Act [former title 11]. It will 
only apply to discharges granted if commenced under the new title 11 
bankruptcy code.
    Subsection (c) grants an exception to the anti-reaffirmation 
provision. It permits reaffirmation in connection with the settlement of 
a proceeding to determine the dischargeability of the debt being 
reaffirmed, or in connection with a redemption agreement permitted under 
section 722. In either case, the reaffirmation agreement must be entered 
into in good faith and must be approved by the court.
    Subsection (d) provides the discharge of the debtor does not affect 
co-debtors or guarantors.

                       References in Text

    The Bankruptcy Act, referred to in subsec. (b)(1), is act July 1, 
1898, ch. 541, 30 Stat. 544, as amended, which was classified generally 
to former Title 11.
    The date of the enactment of this subsection, referred to in subsec. 
(g)(7), is the date of enactment of Pub. L. 103-394, which enacted 
subsec. (g) and was approved Oct. 22, 1994.
    The date of the enactment of this Act, referred to in subsec. (h), 
probably means the date of enactment of Pub. L. 103-394, which enacted 
subsec. (h) and was approved Oct. 22, 1994.


                               Amendments

    1994--Subsec. (a)(3). Pub. L. 103-394, Sec. 501(d)(14)(A), 
substituted ``1328(a)(1)'' for ``1328(c)(1)''. See 1986 Amendment note 
below.
    Subsec. (c)(2). Pub. L. 103-394, Sec. 103(a)(1), designated existing 
provisions as subpar. (A), inserted ``and'' at end, and added subpar. 
(B).
    Subsec. (c)(3). Pub. L. 103-394, Sec. 103(a)(2), struck out ``such 
agreement'' after ``which states that'' in introductory provisions, 
struck out ``and'' at end of subpar. (A), inserted ``such agreement'' in 
subpars. (A) and (B), and added subpar. (C).
    Subsec. (c)(4). Pub. L. 103-394, Sec. 501(d)(14)(B), substituted 
``rescission'' for ``recission''.
    Subsec. (d). Pub. L. 103-394, Sec. 103(b), inserted ``and was not 
represented by an attorney during the course of negotiating such 
agreement'' after ``this section'' in introductory provisions.
    Subsec. (d)(1)(B)(ii). Pub. L. 103-394, Sec. 501(d)(14)(C), inserted 
``and'' at end.
    Subsecs. (g), (h). Pub. L. 103-394, Sec. 111(a), added subsecs. (g) 
and (h).
    1986--Subsec. (a)(1). Pub. L. 99-554, Sec. 257(o)(1), inserted 
reference to section 1228 of this title.
    Subsec. (a)(3). Pub. L. 99-554, Sec. 257(o)(2), which directed the 
substitution of ``, 1228(a)(1), or 1328(a)(1)'' for ``or 1328(a)(1)'' 
was executed by making the substitution for ``or 1328(c)(1)'' to reflect 
the probable intent of Congress. See 1994 Amendment note above.
    Subsec. (c)(1). Pub. L. 99-554, Sec. 257(o)(1), inserted reference 
to section 1228 of this title.
    Subsec. (d). Pub. L. 99-554, Sec. 257(o)(1), inserted reference to 
section 1228 of this title.
    Pub. L. 99-554, Sec. 282, substituted ``shall'' for ``may'' before 
``hold'' in first sentence, inserted ``any'' after ``At'' in second 
sentence, and inserted ``the court shall hold a hearing at which the 
debtor shall appear in person and'' after ``then'' in third sentence.
    Subsec. (d)(2). Pub. L. 99-554, Sec. 283(k), substituted ``section'' 
for ``subsection'' after ``subsection (c)(6) of this''.
    1984--Subsec. (a)(2). Pub. L. 98-353, Secs. 308(a), 455, struck out 
``or from property of the debtor,'' before ``whether or not discharge'', 
and substituted ``an act'' for ``any act''.
    Subsec. (a)(3). Pub. L. 98-353, Sec. 455, substituted ``an act'' for 
``any act''.
    Subsec. (c)(2). Pub. L. 98-353, Sec. 308(b)(1), (3), added par. (2). 
Former par. (2), which related to situations where the debtor had not 
rescinded the agreement within 30 days after the agreement became 
enforceable, was struck out.
    Subsec. (c)(3), (4). Pub. L. 98-352, Sec. 308(b)(3), added pars. (3) 
and (4). Former pars. (3) and (4) redesignated (5) and (6), 
respectively.
    Subsec. (c)(5). Pub. L. 98-353, Sec. 308(b)(2), redesignated former 
par. (3) as (5).
    Subsec. (c)(6). Pub. L. 98-353, Sec. 308(b)(2), (4), redesignated 
former par. (4) as (6) and generally amended par. (6), as so 
redesignated, thereby striking out provisions relating to court approval 
of such agreements as are entered into in good faith and are in 
settlement of litigation under section 523 of this title or provide for 
redemption under section 722 of this title.
    Subsec. (d)(2). Pub. L. 98-353, Sec. 308(c), substituted 
``subsection (c)(6)'' for ``subsection (c)(4)''.
    Subsec. (f). Pub. L. 98-353, Sec. 308(d), added subsec. (f).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and, except 
with respect to amendment by section 111(a) of Pub. L. 103-394, 
amendment by Pub. L. 103-394 not applicable with respect to cases 
commenced under this title before Oct. 22, 1994, see section 702 of Pub. 
L. 103-394, set out as a note under section 101 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 257 of Pub. L. 99-554 effective 30 days after 
Oct. 27, 1986, but not applicable to cases commenced under this title 
before that date, see section 302(a), (c)(1) of Pub. L. 99-554, set out 
as a note under section 581 of Title 28, Judiciary and Judicial 
Procedure.
    Amendment by sections 282 and 283 of Pub. L. 99-554 effective 30 
days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective with respect to cases filed 90 
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out 
as a note under section 101 of this title.


                              Construction

    Section 111(b) of Pub. L. 103-394 provided that: ``Nothing in 
subsection (a), or in the amendments made by subsection (a) [amending 
this section], shall be construed to modify, impair, or supersede any 
other authority the court has to issue injunctions in connection with an 
order confirming a plan of reorganization.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 108, 341, 521, 901 of 
this title.



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Established in 1989 and serving the online community since 1992!


This site was created and designed by Daniel A. Gelinas
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