11 U.S.C. § 1141 : US Code - Section 1141: Effect of confirmation

Search 11 U.S.C. § 1141 : US Code - Section 1141: Effect of confirmation

(a) Except as provided in subsections (d)(2) and (d)(3) of this
section, the provisions of a confirmed plan bind the debtor, any
entity issuing securities under the plan, any entity acquiring
property under the plan, and any creditor, equity security holder,
or general partner in the debtor, whether or not the claim or
interest of such creditor, equity security holder, or general
partner is impaired under the plan and whether or not such
creditor, equity security holder, or general partner has accepted
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 subsections (d)(2) and (d)(3) of this
section and except as otherwise provided in the plan or in the
order confirming the plan, after confirmation of a plan, the
property dealt with by the plan is free and clear of all claims and
interests of creditors, equity security holders, and of general
partners in the debtor.
(d)(1) Except as otherwise provided in this subsection, in the
plan, or in the order confirming the plan, the confirmation of a
plan -
(A) discharges the debtor from any debt that arose before the
date of such confirmation, and any debt of a kind specified in
section 502(g), 502(h), or 502(i) of this title, whether or not -

(i) a proof of the claim based on such debt is filed or
deemed filed under section 501 of this title;
(ii) such claim is allowed under section 502 of this title;
or
(iii) the holder of such claim has accepted the plan; and
(B) terminates all rights and interests of equity security
holders and general partners provided for by the plan.
(2) A discharge under this chapter does not discharge a debtor
who is an individual from any debt excepted from discharge under
section 523 of this title.
(3) The confirmation of a plan does not discharge a debtor if -
(A) the plan provides for the liquidation of all or
substantially all of the property of the estate;
(B) the debtor does not engage in business after consummation
of the plan; and
(C) the debtor would be denied a discharge under section 727(a)
of this title if the case were a case under chapter 7 of this
title.
(4) The court may approve a written waiver of discharge executed
by the debtor after the order for relief under this chapter.
(5) In a case in which the debtor is an individual -
(A) unless after notice and a hearing the court orders
otherwise for cause, confirmation of the plan does not discharge
any debt provided for in the plan until the court grants a
discharge on completion of all payments under the plan;
(B) at any time after the confirmation of the plan, and after
notice and a hearing, the court may grant a discharge to the
debtor who has not completed payments under the plan if -
(i) 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 on such date; and
(ii) modification of the plan under section 1127 is not
practicable; and
(C) unless after notice and a hearing held not more than 10
days before the date of the entry of the order granting the
discharge, the court finds that there is no reasonable cause to
believe that -
(i) section 522(q)(1) may be applicable to the debtor; and
(ii) there is pending any proceeding in which the debtor may
be found guilty of a felony of the kind described in section
522(q)(1)(A) or liable for a debt of the kind described in
section 522(q)(1)(B).
(6) Notwithstanding paragraph (1), the confirmation of a plan
does not discharge a debtor that is a corporation from any debt -

(A) of a kind specified in paragraph (2)(A) or (2)(B) of
section 523(a) that is owed to a domestic governmental unit, or
owed to a person as the result of an action filed under
subchapter III of chapter 37 of title 31 or any similar State
statute; or
(B) for a tax or customs duty with respect to which the
debtor -
(i) made a fraudulent return; or
(ii) willfully attempted in any manner to evade or to
defeat such tax or such customs duty.