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TITLE 11BANKRUPTCY
CHAPTER 9 ADMINISTRATION
Sub Chapter III The Plan
Sec. 946. Effect of exchange of securities before the date of the filing of the petition
The exchange of a new security under the plan for a claim covered by
the plan, whether such exchange occurred before or after the date of the
filing of the petition, does not limit or impair the effectiveness of
the plan or of any provision of this chapter. The amount and number
specified in section 1126(c) of this title include the amount and number
of claims formerly held by a creditor that has participated in any such
exchange.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2625.)
Historical and Revision Notes
legislative statements
The House amendment deletes section 950 of the Senate amendment as
unnecessary. The constitutionality of chapter 9 of the House amendment
is beyond doubt.
senate report no. 95-989
[Section 949] This section [enacted as section 946], which follows
section 97 of current law [section 417 of former title 11], permits an
exchange of a security before the case is filed to constitute an
acceptance of the plan if the exchange was under a proposal that later
becomes the plan.
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