Articles

11: Chapter 12


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Comparison of Chapter 11, Chapter 12, and Chapter 13 Bankruptcy for Individual Debtors

Most individual debtors that need to protect valuable property will usually chose one of the so-called rehabilitative bankruptcies &mdash Chapter 11, 12, and 13 &mdash which allows the petitioner to keep valuable property by paying creditors, usually for much less than their debt, over time with post-petition earnings and by being able to reject or modify burdensome executory contracts.

However, not all these chapters of bankruptcy are available to every debtor. For instance, only family farmers and fishermen may file under Chapter 12. And some debtors may be restricted to Chapter 11 because their debt exceeds the limits for Chapter 13 or 12.


What is the difference between bankruptcy cases filed under chapters 7, 11, 12 and 13?

Chapter 7: Often called the liquidation chapter, chapter 7 is used by individuals, partnerships, or corporations who are unable to repair their financial situation. In chapter 7 asset cases, the debtor's estate is liquidated under the rules of the bankruptcy code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the proceeds are distributed to creditors.

Chapter 11: Often called the reorganization chapter, chapter 11 allows corporations, partnerships, and some individuals to reorganize, without having to liquidate all assets. In filing a chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business.

Chapter 12: Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. Under chapter 12, debtors propose a repayment plan to make installments to creditors over three to five years. Generally, the plan must provide for payments over three years unless the court approves a longer period "for cause."

Chapter 13: An individual with a regular income who is overcome by debts, but believes such debt can be repaid within a reasonable period of time, may file under chapter 13 of the bankruptcy code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the bankruptcy court trustee for payment to creditors. If the court approves the plan, the debtor will be under the court's protection while repaying such debts.

More information regarding the difference between chapters can be found in the Bankruptcy Basics Manual.


11: Chapter 12

Chapter repealed effective Oct. 1, 1998, by

§1, Aug. 6, 1993, 107 Stat. 311 . Chapter, as in effect on Sept. 30, 1998, reenacted for the period beginning on Oct. 1, 1998, and ending on Apr. 1, 1999, by

div. C, title I, §149(a), Oct. 21, 1998, 112 Stat. 2681 &ndash610. Chapter reenacted for successive periods running from Mar. 31, 1999, to July 1, 2005, by

div. C, title I, §149(a), Oct. 21, 1998, 112 Stat. 2681&ndash610 , as successively amended by

§2, Oct. 25, 2004, 118 Stat. 1749 . Chapter, as in effect on June 30, 2005, permanently reenacted effective July 1, 2005, by

title X, §1001(a), Apr. 20, 2005, 119 Stat. 185 . See Repeal, Reenactment, and Termination of Chapter and Effective Date notes set out under section 1201 of this title .

Amendments

div. B, §1005(b)(2), Oct. 26, 2017, 131 Stat. 1234 , added item 1232. Item was added to analysis for this chapter to reflect the probable intent of Congress, notwithstanding directory language adding item to analysis for subchapter II of this chapter.

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SUBCHAPTER I&mdashOFFICERS, ADMINISTRATION, AND THE ESTATE

§1201. 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&mdash

(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 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&mdash

(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 continuation of such stay.

(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

§2(b), Oct. 25, 2004, 118 Stat. 1749 , provided that: "The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] are deemed to have taken effect on January 1, 2004."

Effective Date of 2003 Amendment

§2(b), Aug. 15, 2003, 117 Stat. 891 , provided that: "The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] take effect on July 1, 2003."

Effective Date of 2002 Amendment

§2(b), Dec. 19, 2002, 116 Stat. 3115 , provided that: "The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on January 1, 2003."

title X, §10814(b), May 13, 2002, 116 Stat. 532 , provided that: "The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2002."

§2, May 7, 2002, 116 Stat. 133 , provided that: "The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 2001."

Effective Date of 2001 Amendment

§2, June 26, 2001, 115 Stat. 151 , provided that: "The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2001."

§2, May 11, 2001, 115 Stat. 10 , provided that: "The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on July 1, 2000."

Effective Date of 1999 Amendment

§2, Oct. 9, 1999, 113 Stat. 1031 , provided that: "The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 1999."

§2, Mar. 30, 1999, 113 Stat. 9 , provided that: "The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on April 1, 1999."

Effective Date

Chapter 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

set out in an Effective Date of 1986 Amendment Transition and Administrative Provisions note under section 581 of Title 28 , Judiciary and Judicial Procedure.

Repeal, Reenactment, and Termination of Chapter

"(1) In general .&mdash Chapter 12 of title 11, United States Code , as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (

) [set out as a note below], and as in effect on June 30, 2005, is hereby reenacted.

"(2) Effective date of reenactment .&mdashParagraph (1) shall take effect on July 1, 2005.

"(b) Amendments &mdash Chapter 12 of title 11, United States Code , as reenacted by subsection (a), is amended by this Act [see Tables for classification]."

"(a) Chapter 12 of title 11 of the United States Code , as in effect on December 31, 2003, is hereby reenacted for the period beginning on January 1, 2004, and ending on July 1, 2005.

"(b) All cases commenced or pending under chapter 12 of title 11, United States Code , as reenacted under subsection (a), and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter were continued in effect after July 1, 2005. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such cases, matters, and proceedings as if such chapter were continued in effect after July 1, 2005."

Chapter was repealed Oct. 1, 1998, except that cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, were to be conducted and determined as if this chapter had not been repealed, and substantive rights of parties in connection with such cases, matters, and proceedings were to continue to be governed under the laws applicable to such cases, matters, and proceedings as if this chapter had not been repealed, see section 302(f) of

as amended, formerly set out in an Effective Date of 1986 Amendment note under section 581 of Title 28 , Judiciary and Judicial Procedure.

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§1202. Trustee

(a) If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies as a trustee under section 322 of this title , then such individual shall serve as trustee in any case filed under this chapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case if necessary.

(1) perform the duties specified in sections 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title

(2) perform the duties specified in section 1106(a)(3) and 1106(a)(4) of this title if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders

(3) appear and be heard at any hearing that concerns&mdash

(A) the value of property subject to a lien

(C) modification of the plan after confirmation or

(D) the sale of property of the estate

(4) ensure that the debtor commences making timely payments required by a confirmed plan

(5) if the debtor ceases to be a debtor in possession, perform the duties specified in sections 704(a)(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203 and

(6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).

(c)(1) In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall&mdash

(A)(i) provide written notice to the holder of the claim described in subsection (b)(6) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title and

(ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency

(B)(i) provide written notice to such State child support enforcement agency of such claim and

(ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder and

(C) at such time as the debtor is granted a discharge under section 1228, provide written notice to such holder and to such State child support enforcement agency of&mdash

(i) the granting of the discharge

(ii) the last recent known address of the debtor

(iii) the last recent known name and address of the debtor's employer and

(iv) the name of each creditor that holds a claim that&mdash

(I) is not discharged under paragraph (2), (4), or (14A) of section 523(a) or

(II) was reaffirmed by the debtor under section 524(c).

(2)(A) The holder of a claim described in subsection (b)(6) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making that disclosure.

Editorial Notes

References in Text

Sections 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§2(a)(38)(A), substituted "704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)" for "704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)".

§227, struck out subsecs. (c) and (d) which read as follows:

"(c) If the number of cases under this chapter commenced in a particular judicial district so warrants, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter.

"(d)(1) A court that has appointed an individual under subsection (a) of this section to serve as standing trustee in cases under this chapter shall set for such individual&mdash

"(A) a maximum annual compensation not to exceed the lowest annual rate of basic pay in effect for grade GS&ndash16 of the General Schedule prescribed under section 5332 of title 5 and

"(B) a percentage fee not to exceed the sum of&mdash

"(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000 and

"(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000

based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.

"(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury&mdash

"(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee and

"(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds&mdash

"(i) such individual's actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph plus

"(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases."

See section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 219(c) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

Section effective 30 days after Oct. 27, 1986, and before the amendment by section 227 of

set out in an Effective Date of 1986 Amendment Transition and Administrative Provisions note under section 581 of Title 28 , Judiciary and Judicial Procedure.

Effective date and applicability of amendment by section 227 of

dependent upon the judicial district involved, see section 302(d), (e) of

References in Subsection (a) Temporarily Deemed To Be References to Other Provisions

Until the amendments made by subtitle A (§§201 to 231) of title II of

become effective in a district and apply to a case, in subsec. (a) of this section&mdash

(1) the first two references to the United States trustee are deemed to be references to the court, and

(2) any reference to section 586(b) of Title 28 , Judiciary and Judicial Procedure, is deemed to be a reference to subsec. (c) of this section,

see section 302(c)(3)(B), (d), (e) of

set out in an Effective Date of 1986 Amendment Transition and Administrative Provisions note under section 581 of Title 28 .

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§1203. Rights and powers of debtor

Subject to such limitations as the court may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs (3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11 , including operating the debtor's farm or commercial fishing operation.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§1007(c)(2), inserted "or commercial fishing operation" after "farm".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 1007(c)(2) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1204. Removal of debtor as debtor in possession

(a) On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the commencement of the case.

(b) On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1205. Adequate protection

(a) Section 361 does not apply in a case under this chapter.

(b) In a case under this chapter, when adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by&mdash

(1) requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title , use, sale, or lease under section 363 of this title , or any grant of a lien under section 364 of this title results in a decrease in the value of property securing a claim or of an entity's ownership interest in property

(2) providing to such entity an additional or replacement lien to the extent that such stay, use, sale, lease, or grant results in a decrease in the value of property securing a claim or of an entity's ownership interest in property

(3) paying to such entity for the use of farmland the reasonable rent customary in the community where the property is located, based upon the rental value, net income, and earning capacity of the property or

(4) granting such other relief, other than entitling such entity to compensation allowable under section 503(b)(1) of this title as an administrative expense, as will adequately protect the value of property securing a claim or of such entity's ownership interest in property.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1206. Sales free of interests

After notice and a hearing, in addition to the authorization contained in section 363(f), the trustee in a case under this chapter may sell property under section 363(b) and (c) free and clear of any interest in such property of an entity other than the estate if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel), except that the proceeds of such sale shall be subject to such interest.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§1007(c)(3), substituted "if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel)" for "if the property is farmland or farm equipment".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 1007(c)(3) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1207. Property of the estate

(a) Property of the estate includes, in addition to the property specified in section 541 of this title &mdash

(1) all property of the kind specified in such section that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 of this title, whichever occurs first and

(2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 of this title, whichever occurs first.

(b) Except as provided in section 1204, a confirmed plan, or an order confirming a plan, the debtor shall remain in possession of all property of the estate.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1208. Conversion or dismissal

(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.

(b) On request of the debtor at any time, if the case has not been converted under section 706 or 1112 of this title , the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.

(c) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause, including&mdash

(1) unreasonable delay, or gross mismanagement, by the debtor that is prejudicial to creditors

(2) nonpayment of any fees and charges required under chapter 123 of title 28

(3) failure to file a plan timely under section 1221 of this title

(4) failure to commence making timely payments required by a confirmed plan

(5) denial of confirmation of a plan under section 1225 of this title and denial of a request made for additional time for filing another plan or a modification of a plan

(6) material default by the debtor with respect to a term of a confirmed plan

(7) revocation of the order of confirmation under section 1230 of this title , and denial of confirmation of a modified plan under section 1229 of this title

(8) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan

(9) continuing loss to or diminution of the estate and absence of a reasonable likelihood of rehabilitation and

(10) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.

(d) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter or convert a case under this chapter to a case under chapter 7 of this title upon a showing that the debtor has committed fraud in connection with the case.

(e) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 213(2) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

CHAPTER 12 -ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL [email protected]!SUBCHAPTER II-THE PLAN -->

SUBCHAPTER II&mdashTHE PLAN

§1221. Filing of plan

The debtor shall file a plan not later than 90 days after the order for relief under this chapter, except that the court may extend such period if the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

substituted "the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable" for "an extension is substantially justified".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

"(a) Effective Date .&mdashExcept as provided in subsection (b), this Act [amending this section and provisions set out as a note under section 581 of Title 28 , Judiciary and Judicial Procedure] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Aug. 6, 1993].

"(b) Application of Amendment Made by Section 2.&mdashThe amendment made by section 2 [amending this section] shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act."

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1222. Contents of plan

(1) provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan

(2) provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless the holder of a particular claim agrees to a different treatment of that claim

(3) if the plan classifies claims and interests, provide the same treatment for each claim or interest within a particular class unless the holder of a particular claim or interest agrees to less favorable treatment

(4) notwithstanding any other provision of this section, a plan may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor's projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan and

(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).

(b) Subject to subsections (a) and (c) of this section, the plan may&mdash

(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title , but may not discriminate unfairly against any class so designated however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims

(2) modify the rights of holders of secured claims, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims

(3) provide for the curing or waiving of any default

(4) provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim

(5) provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due

(6) subject to section 365 of this title , provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section

(7) provide for the payment of all or part of a claim against the debtor from property of the estate or property of the debtor

(8) provide for the sale of all or any part of the property of the estate or the distribution of all or any part of the property of the estate among those having an interest in such property

(9) provide for payment of allowed secured claims consistent with section 1225(a)(5) of this title , over a period exceeding the period permitted under section 1222(c)

(10) provide for the vesting of property of the estate, on confirmation of the plan or at a later time, in the debtor or in any other entity

(11) provide for the payment of interest accruing after the date of the filing of the petition on unsecured claims that are nondischargeable under section 1228(a), except that such interest may be paid only to the extent that the debtor has disposable income available to pay such interest after making provision for full payment of all allowed claims and

(12) include any other appropriate provision not inconsistent with this title.

(c) Except as provided in subsections (b)(5) and (b)(9), the plan may not provide for payments over a period that is longer than three years unless the court for cause approves a longer period, but the court may not approve a period that is longer than five years.

(d) Notwithstanding subsection (b)(2) of this section and sections 506(b) and 1225(a)(5) of this title , if it is proposed in a plan to cure a default, the amount necessary to cure the default, shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§1005(b)(1)(A)(i), substituted "unless" for "unless&mdash", struck out subpar. (B) designation before "the holder", and struck out subpar. (A) which read as follows: "the claim is a claim owed to a governmental unit that arises as a result of the sale, transfer, exchange, or other disposition of any farm asset used in the debtor's farming operation, in which case the claim shall be treated as an unsecured claim that is not entitled to priority under section 507, but the debt shall be treated in such manner only if the debtor receives a discharge or".

§1003(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507 of this title , unless the holder of a particular claim agrees to a different treatment of such claim".

§213(4), added par. (11) and redesignated former par. (11) as (12).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

div. B, §1005(c), Oct. 26, 2017, 131 Stat. 1234 , provided that: "The amendments made by this section [enacting section 1232 of this title and amending this section and sections 1228 and 1229 of this title ] shall apply to&mdash

"(A) that is pending on the date of enactment of this Act [Oct. 26, 2017]

"(B) in which the plan under chapter 12 of title 11, United States Code , has not been confirmed on the date of enactment of this Act and

"(C) relating to which an order of discharge under section 1228 of title 11, United States Code , has not been entered and

"(2) any bankruptcy case that commences on or after the date of enactment of this Act."

Effective Date of 2005 Amendment

title X, §1003(c), Apr. 20, 2005, 119 Stat. 186 , provided that: "This section [amending this section and section 1231 of this title ] and the amendments made by this section shall take effect on the date of the enactment of this Act [Apr. 20, 2005] and shall not apply with respect to cases commenced under title 11 of the United States Code before such date."

Amendment by section 213(3), (4) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Date of 1994 Amendment

effective Oct. 22, 1994, and applicable only to agreements entered into after Oct. 22, 1994, see section 702 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1223. Modification of plan before confirmation

(a) The debtor may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1222 of this title .

(b) After the debtor files a modification under this section, the plan as modified becomes the plan.

(c) Any holder of a secured claim that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the modification provides for a change in the rights of such holder from what such rights were under the plan before modification, and such holder changes such holder's previous acceptance or rejection.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1224. Confirmation hearing

After expedited notice, the court shall hold a hearing on confirmation of the plan. A party in interest, the trustee, or the United States trustee may object to the confirmation of the plan. Except for cause, the hearing shall be concluded not later than 45 days after the filing of the plan.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

CHAPTER 12 -ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL [email protected]!SUBCHAPTER II-THE [email protected]!Sec. 1225 -->

§1225. Confirmation of plan

(a) Except as provided in subsection (b), the court shall confirm a plan if&mdash

(1) the plan complies with the provisions of this chapter and with the other applicable provisions of this title

(2) any fee, charge, or amount required under chapter 123 of title 28 , or by the plan, to be paid before confirmation, has been paid

(3) the plan has been proposed in good faith and not by any means forbidden by law

(4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date

(5) with respect to each allowed secured claim provided for by the plan&mdash

(A) the holder of such claim has accepted the plan

(B)(i) the plan provides that the holder of such claim retain the lien securing such claim and

(ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim or

(C) the debtor surrenders the property securing such claim to such holder

(6) the debtor will be able to make all payments under the plan and to comply with the plan and

(7) the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation.

(b)(1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan&mdash

(A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim

(B) the plan provides that all of the debtor's projected disposable income to be received in the three-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first payment is due under the plan will be applied to make payments under the plan or

(C) the value of the property to be distributed under the plan in the 3-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first distribution is due under the plan is not less than the debtor's projected disposable income for such period.

(2) For purposes of this subsection, "disposable income" means income which is received by the debtor and which is not reasonably necessary to be expended&mdash

(A) for the maintenance or support of the debtor or a dependent of the debtor or for a domestic support obligation that first becomes payable after the date of the filing of the petition or

(B) for the payment of expenditures necessary for the continuation, preservation, and operation of the debtor's business.

(c) 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.

Amendment of Section and Termination of Amendment

div. N, title III, §320(d), (f)(1), Dec. 27, 2020, 134 Stat. 2016 , provided that, effective on the date on which the Administrator of the Small Business Administration submits to the Director of the Executive Office for United States Trustees a written determination that, subject to satisfying any other eligibility requirements, any debtor in possession or trustee that is authorized to operate the business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of this title would be eligible for a loan under paragraphs (36) and (37) of section 636(a) of Title 15 , Commerce and Trade, and applicable to any case pending on or commenced on or after such effective date, this section is amended by adding at the end the following:

(d) Notwithstanding section 1222(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.

§320(d), takes effect, effective on the date that is 2 years after Dec. 27, 2020, with provisions relating to applicability to cases commenced before such date, this section is amended by striking subsection (d).

See 2020 Amendment notes below.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§320(f)(2)(A)(iv), contingent on its addition by

§320(d), struck out subsec. (d) which read as follows: "Notwithstanding section 1222(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim."

§218, inserted "or for a domestic support obligation that first becomes payable after the date of the filing of the petition" after "dependent of the debtor".

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2020 Amendment

Amendment by section 320(d) of div. N of

effective on the date on which the Administrator of the Small Business Administration submits to the Director of the Executive Office for United States Trustees a written determination relating to loan eligibility under pars. (36) and (37) of section 636(a) of Title 15 , Commerce and Trade, and applicable to any case pending on or commenced on or after such date, and amendment by section 320(f)(2)(A)(iv) of div. N of

relating to repeal of such amendment if it became effective, effective two years after Dec. 27, 2020, see section 320(f) of

set out as a note under section 364 of this title .

Effective Date of 2005 Amendment

Amendment by sections 213(5), 218, and 1006(a) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1226. Payments

(a) Payments and funds received by the trustee shall be retained by the trustee until confirmation or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan. If a plan is not confirmed, the trustee shall return any such payments to the debtor, after deducting&mdash

(1) any unpaid claim allowed under section 503(b) of this title and

(2) if a standing trustee is serving in the case, the percentage fee fixed for such standing trustee.

(b) Before or at the time of each payment to creditors under the plan, there shall be paid&mdash

(1) any unpaid claim of the kind specified in section 507(a)(2) of this title and

(2) if a standing trustee appointed under section 1202(c)  1 of this title is serving in the case, the percentage fee fixed for such standing trustee under section 1202(d)  1 of this title.

(c) Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan.

Editorial Notes

References in Text

Section 1202(c) and (d) of this title, referred to in subsec. (b)(2), was repealed by section 227 of

provisions relating to appointment of and fixing percentage fees for standing trustees are contained in section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure, as amended by section 113(b), (c) of

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 1502(a)(9) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Date of 1994 Amendment

effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1227. Effect of confirmation

(a) Except as provided in section 1228(a) of this title , the provisions of a confirmed plan bind the debtor, each creditor, each equity security holder, and each general partner in the debtor, whether or not the claim of such creditor, such equity security holder, or such general partner in the debtor is provided for by the plan, and whether or not such creditor, such equity security holder, or such general partner in the debtor 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 provided in section 1228(a) of this title and 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.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

CHAPTER 12 -ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL [email protected]!SUBCHAPTER II-THE [email protected]!Sec. 1228 -->

§1228. Discharge

(a) Subject to subsection (d), as soon as practicable after completion by the debtor of all payments under the plan, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid, other than payments to holders of allowed claims provided for under section 1222(b)(5) or 1222(b)(9) of this title , 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, allowed under section 503 of this title , or disallowed under section 502 of this title , except any debt&mdash

(1) provided for under section 1222(b)(5) or 1222(b)(9) of this title or

(2) of a kind specified in section 523(a) of this title , except as provided in section 1232(c).

(b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if&mdash

(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 1229 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&mdash

(1) provided for under section 1222(b)(5) or 1222(b)(9) of this title or

(2) of a kind specified in section 523(a) of this title , except as provided in section 1232(c).

(d) On request of a party in interest before one year after a discharge under this section is granted, and after notice and a hearing, the court may revoke such discharge only if&mdash

(1) such discharge was obtained by the debtor through fraud and

(2) the requesting party did not know of such fraud until after such discharge was granted.

(e) After the debtor is granted a discharge, the court shall terminate the services of any trustee serving in the case.

(f) The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that&mdash

(1) section 522(q)(1) may be applicable to the debtor and

(2) 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).

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§1005(b)(1)(B)(i)(I), in introductory provisions, inserted a comma after "all debts provided for by the plan" and after "allowed under section 503 of this title ".

§1005(b)(1)(B)(i)(II), substituted "a kind specified in section 523(a) of this title , except as provided in section 1232(c)." for "the kind specified in section 523(a) of this title ."

§1005(b)(1)(B)(ii), inserted ", except as provided in section 1232(c)" before period at end.

§330(c)(1), substituted "Subject to subsection (d), as" for "As" in introductory provisions.

§213(6), inserted ", and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid" after "completion by the debtor of all payments under the plan" in introductory provisions.

§330(c)(2), substituted "Subject to subsection (d), at" for "At" in introductory provisions.

substituted "1222(b)(9)" for "1222(b)(10)" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under this section has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of

set out as a note under section 1222 of this title .

Effective Date of 2005 Amendment

Amendments by sections 213(6) and 330(c) of

effective 180 days after Apr. 20, 2005, with amendment by section 213(6) of

not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, and amendment by section 330(c) of

applicable with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1229. Modification of plan after confirmation

(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on request of the debtor, the trustee, or the holder of an allowed unsecured claim, to&mdash

(1) increase or reduce the amount of payments on claims of a particular class provided for by the plan

(2) extend or reduce the time for such payments

(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan or

(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.

(b)(1) Sections 1222(a), 1222(b), and 1223(c) of this title and the requirements of section 1225(a) of this title apply to any modification under subsection (a) of this section.

(2) The plan as modified becomes the plan unless, after notice and a hearing, such modification is disapproved.

(c) A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.

(d) A plan may not be modified under this section&mdash

(1) to increase the amount of any payment due before the plan as modified becomes the plan

(2) by anyone except the debtor, based on an increase in the debtor's disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor's disposable income for such month or

(3) in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of

set out as a note under section 1222 of this title .

Effective Date of 2005 Amendment

Amendment by section 1006(b) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1230. Revocation of an order of confirmation

(a) On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under section 1225 of this title , and after notice and a hearing, the court may revoke such order if such order was procured by fraud.

(b) If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under section 1207 of this title , unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under section 1229 of this title .

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Statutory Notes and Related Subsidiaries

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

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§1231. Special tax provisions

(a) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1225 of this title , may not be taxed under any law imposing a stamp tax or similar tax.

(b) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by any governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of&mdash

(1) the date on which such governmental unit responds to the request under this subsection or

(2) 270 days after such request.

Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title .

Amendments

§719(b)(4), redesignated subsec. (c) as (a) and struck out former subsec. (a) which read as follows: "For the purpose of any State or local law imposing a tax on or measured by income, the taxable period of a debtor that is an individual shall terminate on the date of the order for relief under this chapter, unless the case was converted under section 706 of this title ."

§1003(b), substituted "any governmental unit" for "a State or local governmental unit".

§719(b)(4), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: "The trustee shall make a State or local tax return of income for the estate of an individual debtor in a case under this chapter for each taxable period after the order for relief under this chapter during which the case is pending."

§719(b)(4)(B), redesignated subsecs. (c) and (d) as (a) and (b), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by section 1003(b) of

effective Apr. 20, 2005, and not applicable with respect to cases commenced under this title before Apr. 20, 2005, see section 1003(c) of

set out as a note under section 1222 of this title .

Amendment by section 719(b)(4) of

effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of

set out as a note under section 101 of this title .

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of

set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title . For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title .

CHAPTER 12 -ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL [email protected]!SUBCHAPTER II-THE [email protected]!Sec. 1232 -->

§1232. Claim by a governmental unit based on the disposition of property used in a farming operation

(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation&mdash

(1) shall be treated as an unsecured claim arising before the date on which the petition is filed

(2) shall not be entitled to priority under section 507

(3) shall be provided for under a plan and

(4) shall be discharged in accordance with section 1228.

(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507.

(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in subparagraph (A) or (B) of section 523(a)(1).

(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed.

(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim.

(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim.

(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of

set out as an Effective Date of 2017 Amendment note under section 1222 of this title .


Class 11 Maths NCERT Solutions – Introduction to three Dimensional Geometry Miscellaneous Questions

NCERT Solutions for Class 11 Maths Chapter 12 Introduction to Three Dimensional Geometry Miscellaneous Exercise

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11 U.S. Code § 326 - Limitation on compensation of trustee

Section 326(a) of the House amendment modifies a provision as contained in H.R. 8200 as passed by the House. The percentage limitation on the fees of a trustee contained in the House bill is retained, but no additional percentage is specified for cases in which a trustee operates the business of the debtor. Section 326(b) of the Senate amendment is deleted as an unnecessary restatement of the limitation contained in section 326(a) as modified. The provision contained in section 326(a) of the Senate amendment authorizing a trustee to receive a maximum fee of $150 regardless of the availability of assets in the estate is deleted. It will not be necessary in view of the increase in section 326(a) and the doubling of the minimum fee as provided in section 330(b).

Section 326(b) of the House amendment derives from section 326(c) of H.R. 8200 as passed by the House. It is a conforming amendment to indicate a change with respect to the selection of a trustee in a chapter 13 case under section 1302(a) of title 11.

This section is derived in part from section 48c of the Bankruptcy Act [section 76(c) of former title 11]. It must be emphasized that this section does not authorize compensation of trustees. This section simply fixes the maximum compensation of a trustee. Proposed 11 U.S.C. 330 authorizes and fixes the standard of compensation. Under section 48c of current law, the maximum limits have tended to become minimums in many cases. This section is not intended to be so interpreted. The limits in this section, together with the limitations found in section 330, are to be applied as outer limits, and not as grants or entitlements to the maximum fees specified.

The maximum fee schedule is derived from section 48c(1) of the present act [section 76(c)(1) of former title 11], but with a change relating to the bases on which the percentage maxima are computed. The maximum fee schedule is based on decreasing percentages of increasing amounts. The amounts are the amounts of money distributed by the trustee to parties in interest, excluding the debtor, but including secured creditors. These amounts were last amended in 1952. Since then, the cost of living has approximately doubled. Thus, the bases were doubled.

It should be noted that the bases on which the maximum fee is computed includes moneys turned over to secured creditors, to cover the situation where the trustee liquidates property subject to a lien and distributes the proceeds. It does not cover cases in which the trustee simply turns over the property to the secured creditor, nor where the trustee abandons the property and the secured creditor is permitted to foreclose. The provision is also subject to the rights of the secured creditor generally under proposed section 506, especially 506(c). The $150 discretionary fee provision of current law is retained.

Subsection (b) of this section entitles an operating trustee to a reasonable fee, without any limitation based on the maximum provided for a liquidating trustee as in current law, Bankruptcy Act § 48c(2) [section 76(c)(2) of former title 11].

Subsection (c) [enacted as (b)] permits a maximum fee of five percent on all payments to creditors under a chapter 13 plan to the trustee appointed in the case.

Subsection (d) [enacted as (c)] provides a limitation not found in current law. Even if more than one trustee serves in the case, the maximum fee payable to all trustees does not change. For example, if an interim trustee is appointed and an elected trustee replaces him, the combined total of the fees payable to the interim trustee and the permanent trustee may not exceed the amount specified in this section. Under current law, very often a receiver receives a full fee and a subsequent trustee also receives a full fee. The resultant “double-dipping”, especially in cases in which the receiver and the trustee are the same individual, is detrimental to the interests of creditors, by needlessly increasing the cost of administering bankruptcy estates.

Subsection (e) [enacted as (d)] permits the court to deny compensation to a trustee if the trustee has been derelict in his duty by employing counsel, who is not disinterested.

2019—Subsec. (a). Pub. L. 116–54, § 4(a)(4)(A), inserted “, other than a case under subchapter V of chapter 11” after “7 or 11”.

Subsec. (b). Pub. L. 116–54, § 4(a)(4)(B), inserted “subchapter V of chapter 11 or” after “In a case under”.

1994—Subsec. (a). Pub. L. 103–394 substituted “25 percent on the first $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3 percent of such moneys in excess of $1,000,000” for “fifteen percent on the first $1,000 or less, six percent on any amount in excess of $1,000 but not in excess of $3,000, and three percent on any amount in excess of $3,000”.

1986—Subsec. (b). Pub. L. 99–554 amended subsec. (b) generally, substituting “under chapter 12 or 13 of this title” for “under chapter 13 of this title”, “expenses of the United States trustee or of a standing trustee appointed under section 586(b) of title 28” for “expenses of a standing trustee appointed under section 1302(d) of this title”, and “under section 1202(a) or 1302(a) of this title” for “under section 1302(a) of this title”.

1984—Subsec. (a). Pub. L. 98–353, § 430(a), substituted “and three percent on any amount in excess of $3000” for “three percent on any amount in excess of $3,000 but not in excess of $20,000, two percent on any amount in excess of $20,000 but not in excess of $50,000, and one percent on any amount in excess of $50,000”.

Subsec. (d). Pub. L. 98–353, § 430(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The court may deny allowance of compensation for services and reimbursement of expenses of the trustee if the trustee—

“(1) failed to make diligent inquiry into facts that would permit denial of allowance under section 328(c) of this title or

“(2) with knowledge of such facts, employed a professional person under section 327 of this title.”

Amendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019 , see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.

Amendment by Pub. L. 103–394 effective Oct. 22, 1994 , and 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 and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

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.

Until the amendments made by subtitle A (§§ 201 to 231) of title II of Pub. L. 99–554 become effective in a district and apply to a case, for purposes of such case any reference in subsec. (b) of this section—

(1) to chapter 13 of this title is deemed to be a reference to chapter 12 or 13 of this title,

(2) to section 1302(d) of this title is deemed to be a reference to section 1302(d) of this title or section 586(b) of Title 28, Judiciary and Judicial Procedure, and

(3) to section 1302(a) of this title is deemed to be a reference to section 1202(a) or 1302(a) of this title,

see section 302(c)(3)(A), (d), (e) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment Transition and Administrative Provisions note under section 581 of Title 28.


Hebrews Chapter 11

The nature and power of faith described. (1-3) It is set forth by instances from Abel to Noah. (4-7) By Abraham and his descendants. (8-19) By Jacob, Joseph, Moses, the Israelites, and Rahab. (20-31) By other Old Testament believers. (32-38) The better state of believers under the gospel. (39,40)

1-3 Faith always has been the mark of God's servants, from the beginning of the world. Where the principle is planted by the regenerating Spirit of God, it will cause the truth to be received, concerning justification by the sufferings and merits of Christ. And the same things that are the object of our hope, are the object of our faith. It is a firm persuasion and expectation, that God will perform all he has promised to us in Christ. This persuasion gives the soul to enjoy those things now it gives them a subsistence or reality in the soul, by the first-fruits and foretastes of them. Faith proves to the mind, the reality of things that cannot be seen by the bodily eye. It is a full approval of all God has revealed, as holy, just, and good. This view of faith is explained by many examples of persons in former times, who obtained a good report, or an honourable character in the word of God. Faith was the principle of their holy obedience, remarkable services, and patient sufferings. The Bible gives the most true and exact account of the origin of all things, and we are to believe it, and not to wrest the Scripture account of the creation, because it does not suit with the differing fancies of men. All that we see of the works of creation, were brought into being by the command of God.

4-7 Here follow some illustrious examples of faith from the Old Testament. Abel brought a sacrifice of atonement from the firstlings of the flock, acknowledging himself a sinner who deserved to die, and only hoping for mercy through the great Sacrifice. Cain's proud rage and enmity against the accepted worshipper of God, led to the awful effects the same principles have produced in every age the cruel persecution, and even murder of believers. By faith Abel, being dead, yet speaketh he left an instructive and speaking example. Enoch was translated, or removed, that he should not see death God took him into heaven, as Christ will do the saints who shall be alive at his second coming. We cannot come to God, unless we believe that he is what he has revealed himself to be in the Scripture. Those who would find God, must seek him with all their heart. Noah's faith influenced his practice it moved him to prepare an ark. His faith condemned the unbelief of others and his obedience condemned their contempt and rebellion. Good examples either convert sinners or condemn them. This shows how believers, being warned of God to flee from the wrath to come, are moved with fear, take refuge in Christ, and become heirs of the righteousness of faith.

8-19 We are often called to leave worldly connexions, interests, and comforts. If heirs of Abraham's faith, we shall obey and go forth, though not knowing what may befall us and we shall be found in the way of duty, looking for the performance of God's promises. The trial of Abraham's faith was, that he simply and fully obeyed the call of God. Sarah received the promise as the promise of God being convinced of that, she truly judged that he both could and would perform it. Many, who have a part in the promises, do not soon receive the things promised. Faith can lay hold of blessings at a great distance can make them present can love them and rejoice in them, though strangers as saints, whose home is heaven as pilgrims, travelling toward their home. By faith, they overcome the terrors of death, and bid a cheerful farewell to this world, and to all the comforts and crosses of it. And those once truly and savingly called out of a sinful state, have no mind to return into it. All true believers desire the heavenly inheritance and the stronger faith is, the more fervent those desires will be. Notwithstanding their meanness by nature, their vileness by sin, and the poverty of their outward condition, God is not ashamed to be called the God of all true believers such is his mercy, such is his love to them. Let them never be ashamed of being called his people, nor of any of those who are truly so, how much soever despised in the world. Above all, let them take care that they are not a shame and reproach to their God. The greatest trial and act of faith upon record is, Abraham's offering up Isaac, #Ge 22:2|. There, every word shows a trial. It is our duty to reason down our doubts and fears, by looking, as Abraham did, to the Almighty power of God. The best way to enjoy our comforts is, to give them up to God he will then again give them as shall be the best for us. Let us look how far our faith has caused the like obedience, when we have been called to lesser acts of self-denial, or to make smaller sacrifices to our duty. Have we given up what was called for, fully believing that the Lord would make up all our losses, and even bless us by the most afflicting dispensations?

20-31 Isaac blessed Jacob and Esau, concerning things to come. Things present are not the best things no man knoweth love or hatred by having them or wanting them. Jacob lived by faith, and he died by faith, and in faith. Though the grace of faith is of use always through our whole lives, it is especially so when we come to die. Faith has a great work to do at last, to help the believer to die to the Lord, so as to honour him, by patience, hope, and joy. Joseph was tried by temptations to sin, by persecution for keeping his integrity and he was tried by honours and power in the court of Pharaoh, yet his faith carried him through. It is a great mercy to be free from wicked laws and edicts but when we are not so, we must use all lawful means for our security. In this faith of Moses' parents there was a mixture of unbelief, but God was pleased to overlook it. Faith gives strength against the sinful, slavish fear of men it sets God before the soul, shows the vanity of the creature, and that all must give way to the will and power of God. The pleasures of sin are, and will be, but short they must end either in speedy repentance or in speedy ruin. The pleasures of this world are for the most part the pleasures of sin they are always so when we cannot enjoy them without deserting God and his people. Suffering is to be chosen rather than sin there being more evil in the least sin, than there can be in the greatest suffering. God's people are, and always have been, a reproached people. Christ accounts himself reproached in their reproaches and thus they become greater riches than the treasures of the richest empire in the world. Moses made his choice when ripe for judgment and enjoyment, able to know what he did, and why he did it. It is needful for persons to be seriously religious to despise the world, when most capable of relishing and enjoying it. Believers may and ought to have respect to the recompence of reward. By faith we may be fully sure of God's providence, and of his gracious and powerful presence with us. Such a sight of God will enable believers to keep on to the end, whatever they may meet in the way. It is not owing to our own righteousness, or best performances, that we are saved from the wrath of God but to the blood of Christ, and his imputed righteousness. True faith makes sin bitter to the soul, even while it receives the pardon and atonement. All our spiritual privileges on earth, should quicken us in our way to heaven. The Lord will make even Babylon fall before the faith of his people, and when he has some great thing to do for them, he raises up great and strong faith in them. A true believer is desirous, not only to be in covenant with God, but in communion with the people of God and is willing to fare as they fare. By her works Rahab declared herself to be just. That she was not justified by her works appears plainly because the work she did was faulty in the manner, and not perfectly good, therefore it could not be answerable to the perfect justice or righteousness of God.

32-38 After all our searches into the Scriptures, there is more to be learned from them. We should be pleased to think, how great the number of believers was under the Old Testament, and how strong their faith, though the objects of it were not then so fully made known as now. And we should lament that now, in gospel times, when the rule of faith is more clear and perfect, the number of believers should be so small, and their faith so weak. It is the excellence of the grace of faith, that, while it helps men to do great things, like Gideon, it keeps from high and great thoughts of themselves. Faith, like Barak's, has recourse unto God in all dangers and difficulties, and then makes grateful returns to God for all mercies and deliverances. By faith, the servants of God shall overcome even the roaring lion that goeth about seeking whom he may devour. The believer's faith endures to the end, and, in dying, gives him victory over death and all his deadly enemies, like Samson. The grace of God often fixes upon very undeserving and ill-deserving persons, to do great things for them and by them. But the grace of faith, wherever it is, will put men upon acknowledging God in all their ways, as Jephthah. It will make men bold and courageous in a good cause. Few ever met with greater trials, few ever showed more lively faith, than David, and he has left a testimony as to the trials and acts of faith, in the book of Psalms, which has been, and ever will be, of great value to the people of God. Those are likely to grow up to be distinguished for faith, who begin betimes, like Samuel, to exercise it. And faith will enable a man to serve God and his generation, in whatever way he may be employed. The interests and powers of kings and kingdoms, are often opposed to God and his people but God can easily subdue all that set themselves against him. It is a greater honour and happiness to work righteousness than to work miracles. By faith we have comfort of the promises and by faith we are prepared to wait for the promises, and in due time to receive them. And though we do not hope to have our dead relatives or friends restored to life in this world, yet faith will support under the loss of them, and direct to the hope of a better resurrection. Shall we be most amazed at the wickedness of human nature, that it is capable of such awful cruelties to fellow-creatures, or at the excellence of Divine grace, that is able to bear up the faithful under such cruelties, and to carry them safely through all? What a difference between God's judgement of a saint, and man's judgment! The world is not worthy of those scorned, persecuted saints, whom their persecutors reckon unworthy to live. They are not worthy of their company, example, counsel, or other benefits. For they know not what a saint is, nor the worth of a saint, nor how to use him they hate, and drive such away, as they do the offer of Christ and his grace.

39,40 The world considers that the righteous are not worthy to live in the world, and God declares the world is not worthy of them. Though the righteous and the worldlings widely differ in their judgment, they agree in this, it is not fit that good men should have their rest in this world. Therefore God receives them out of it. The apostle tells the Hebrews, that God had provided some better things for them, therefore they might be sure that he expected as good things from them. As our advantages, with the better things God has provided for us, are so much beyond theirs, so should our obedience of faith, patience of hope, and labour of love, be greater. And unless we get true faith as these believers had, they will rise up to condemn us at the last day. Let us then pray continually for the increase of our faith, that we may follow these bright examples, and be, with them, at length made perfect in holiness and happiness, and shine like the sun in the kingdom of our Father for evermore.


11: Chapter 12


Chapter 12: The Confidential Secret Beyond Renunciation and Knowledge

(1-2) T he Supreme Lord said: 'One does not ascend to Me by mysticism or analysis, common piety or the study of the scriptures, by penances, renunciation, pious works or charity, by respecting vows, ceremonies, Vedic hymns, pilgrimage, by general discipline or the basic rules. One rather closes Me in one's heart by the sat-sanga with My devotees [see 11.11: 25 ] that drives away all attachment to sense gratification. (3-6) By associating with My devotees many living beings in every age achieved My refuge like the sons of Diti, the malicious ones, the animals, the birds, the singers and dancers of heaven, the ones of excellence and of perfection, the venerable souls and the treasure keepers, the scientific ones among the humans and the merchants, laborers and women, the uncivilized ones and the ones of passion and slowness. So also did Vritrâsura , the son of Kayâdhu [ Prahlâda , see 6.18: 12-13 ] and others like them, Vrishaparvâ [see 9.18: 26 ], Bali , Bâna , Maya as also Vibhîshana [brother of Râvana ], Sugrîva [leader of the Vânaras ] and Hanumân , Jâmbavân , Gajendra , Jathâyu , Tulâdhâra , Dharma-vyâdha , Kubjâ and the gopîs in Vraja, the wives of the brahmins [see 10.23 ] and others. (7) Not having studied the sacred scriptures, nor having worshiped the great saints, they, without vows and not having undergone austerities, attained Me by association with My devotees. (8-9) Only by unalloyed love indeed the gopîs, just as o thers of a limited intelligence like the cows, the immobile creatures, the snakes [like Kâliya ] and more animals , managed to achieve perfection and quite easily attained Me, I who cannot even be reached by greatly endeavoring in yoga, analysis, charity, vows, pe nances, ritualistic sacrifices, exegesis, personal study or taking to the renounced order. (10) When Akrûra took Me and Balarâma to Mathurâ they, [the inhabitants of Vrindâvana] whose hearts were attached [to Me] with the deepest love , suffered greatly because of the separation as they saw no one else to make them happy [see 10: 39 ]. (11) All the nights they in Vrindâvana spent with Me , their most dearly Beloved oh Uddhava, seemed to take but a moment to them, but again bereft of Me they became as long as a kalpa . (12) Just as sages fully absorbed lose the awareness of names and forms - like they are rivers entering the water of the ocean - also they whose consciousness was intimately bound to Me had no awareness anymore of their bodies, their present or their future [see also B.G. 2: 70 ]. (13) The hundreds and thousands [of women] who desired Me as their friend and lover, had no knowledge of My actual position and attained Me by associating with Me, the Absolute Supreme Truth . (14-15) Therefore oh Uddhava give up the [religious] precepts and prohibitions, denial and routines and what you should listen to and have listened to. Choose for Me alone, the actual shelter of the Soul within all embodied beings. With that exclusive devotion you will enjoy My mercy and have nothing to fear from any side [compare B.g. 18: 66 ].'

(16) S' rî Uddhava said: 'Hearing Your words, oh master of all yoga masters, has not dispelled the doubt in my heart that is clouding my mind.'

(17) T he Supreme Lord said: 'He, the living being in person [the Lord], is manifest within along with the prâna. He after all entered the heart and has His place in the subtle sound vibration that fills the mind with the grosser form of the [word sounds that are] different intonations of short and long vowels and consonants. (18) Just as fire confined within wood, with the help of air, kindled by friction is born very tiny and increases with ghee, I similarly manifest Myself in this [Vedic, inner] voice. (19) Speech, the function of the hands and legs, the genitals and the anus [the karmendriyas ], smell, taste, sight, touch and hearing [the jñânendriyas ] and the functions of one's determination, wisdom and self concern [or 'mind, intelligence and false ego'] as also the primary cause of matter [ pradhâna or the 'thread', see 11.9: 19 ] and [the gunas ] rajas, tamas and sattva , are thus [to be understood as] transformations [of My nature]. (20) This living entity, one and unmanifest, that is concerned with the threefold [nature of the gunas], constitutes the source of the lotus of creation. He who is eternal, in the course of time divided [therewith] His potencies in many divisions, just like seeds do that fell on fertile soil. (21) The complete of this universe, expanding long and wide like cloth expanding along the threads of its warp and woof, is situated in Him [on His thread, see also 6.3: 12 and B.G. 7: 7 ]. S ince time immemorial there is this tree of material existence [samsâra] that, blossoming and producing fruits, is naturally inclined to fruitive action [or karma]. (22-23) Of this tree extending in the sun there are two seeds [sin and piety], hundreds of roots [the living entities], three lower trunks [the modes], five upper trunks [the elements], five saps produced [sound, form, touch, taste and aroma], eleven branches [the mind and the ten indriyas ], two birds having a nest [jîva and âtmâ], three types of bark [air, bile and mucus] and two fruits [happiness and distress]. Those who fervently desiring live a household life [the 'vultures'] enjoy one fruit of the tree [that of sin], whereas the other fruit [of piety] is enjoyed by the swanlike [sages] who live in the forest. He who with the help of the worshipable ones [the devotees, the gurus] knows the Oneness of Him who by dint of His mâyâ appears in many forms, knows the [actual meaning of the] Vedas. (24) The sober soul who thus with unalloyed devotion honors the spiritual master and with the axe of knowledge cuts with the subtle body of attachment entertained by the individual soul, attains with the greatest care [living spiritually] the Supreme Soul and then abandons the means [by which he attained, see also B.G. 15: 3-4 ].'

Previous Aadhar edition and Vedabase links:

By associating with My devotees many living beings in every age achieved My refuge like the sons of Diti, the malicious ones, the animals, the birds, the singers and dancers of heaven, the ones of excellence and of perfection, the venerable souls and the treasure keepers, the scientific ones among the humans and the merchants, laborers and women, the uncivilized ones and the ones of passion and slowness. So also did Vritrâsura , the son of Kayâdhu [ Prahlâda , see 6.18: 12-13 ] and others like them, Vrishaparvâ [see 9.18: 26 ], Bali , Bâna , Maya as also Vibhîshana [brother of Râvana ], Sugrîva [leader of the Vânaras ] and Hanumân , Jâmbavân , Gajendra , Jathâyu , Tulâdhâra , Dharma-vyâdha , Kubjâ and the gopîs in Vraja, the wives of the brahmins [see 10.23 ] and others.

Not having studied the sacred scriptures, nor having worshiped the great saints, they, without vows and not having undergone austerities, attained Me by association with My devotees.

Only by unalloyed love indeed the gopîs, just as o thers of a limited intelligence like the cows, the immobile creatures, the snakes [like Kâliya ] and more animals , managed to achieve perfection and quite easily attained Me, I who cannot even be reached by greatly endeavoring in yoga, analysis, charity, vows, pe nances, ritualistic sacrifices, exegesis, personal study or taking to the renounced order.

When Akrûra took Me and Balarâma to Mathurâ they, [the inhabitants of Vrindâvana] whose hearts were attached [to Me] with the deepest love , suffered greatly because of the separation as they saw no one else to make them happy [see 10: 39 ].

All the nights they in Vrindâvana spent with Me , their most dearly Beloved oh Uddhava, seemed to take but a moment to them, but again bereft of Me they became as long as a kalpa .

Just as sages fully absorbed lose the awareness of names and forms - like they are rivers entering the water of the ocean - also they whose consciousness was intimately bound to Me had no awareness anymore of their bodies, their present or their future [see also B.G. 2: 70 ].

They with their consciousness bound up in intimacy with Me were not aware of their own bodies, just as sages in full absorption consider something very near as names and forms as far removed as rivers are, once they have entered the ocean [B.G. 2: 70]. ( Vedabase )


The hundreds and thousands [of women] who desired Me as their friend and lover, had no knowledge of My actual position and attained Me by associating with Me, the Absolute Supreme Truth .

The women with Me, a charming lover to their desire, a lover of another man's wives, had no idea of the actual position of Me, the Absolute Truth Supreme, whom they by the hundreds of thousands in association achieved. ( Vedabase )


Therefore oh Uddhava give up the [religious] precepts and prohibitions, denial and routines and what you should listen to and have listened to. Choose for Me alone, the actual shelter of the Soul within all embodied beings. With that exclusive devotion you will enjoy My mercy and have nothing to fear from any side [compare B.g. 18: 66 ].'

S' rî Uddhava said: 'Hearing Your words, oh master of all yoga masters, has not dispelled the doubt in my heart that is clouding my mind.'

T he Supreme Lord said: 'He, the living being in person [the Lord], is manifest within along with the prâna. He after all entered the heart and has His place in the subtle sound vibration that fills the mind with the grosser form of the [word sounds that are] different intonations of short and long vowels and consonants.

Just as fire confined within wood, with the help of air, kindled by friction is born very tiny and increases with ghee, I similarly manifest Myself in this [Vedic, inner] voice.

Speech, the function of the hands and legs, the genitals and the anus [the karmendriyas ], smell, taste, sight, touch and hearing [the jñânendriyas ] and the functions of one's determination, wisdom and self concern [or 'mind, intelligence and false ego'] as also the primary cause of matter [ pradhâna or the 'thread', see 11.9: 19 ] and [the gunas ] rajas, tamas and sattva , are thus [to be understood as] transformations [of My nature].

This living entity, one and unmanifest, that is concerned with the threefold [nature of the gunas], constitutes the source of the lotus of creation. He who is eternal, in the course of time divided [therewith] His potencies in many divisions, just like seeds do that fell on fertile soil.

The complete of this universe, expanding long and wide like cloth expanding along the threads of its warp and woof, is situated in Him [on His thread, see also 6.3: 12 and B.G. 7: 7 ]. S ince time immemorial there is this tree of material existence [samsâra] that, blossoming and producing fruits, is naturally inclined to fruitive action [or karma].

Of this tree extending in the sun there are two seeds [sin and piety], hundreds of roots [the living entities], three lower trunks [the modes], five upper trunks [the elements], five saps produced [sound, form, touch, taste and aroma], eleven branches [the mind and the ten indriyas ], two birds having a nest [jîva and âtmâ], three types of bark [air, bile and mucus] and two fruits [happiness and distress]. Those who fervently desiring live a household life [the 'vultures'] enjoy one fruit of the tree [that of sin], whereas the other fruit [of piety] is enjoyed by the swanlike [sages] who live in the forest. He who with the help of the worshipable ones [the devotees, the gurus] knows the Oneness of Him who by dint of His mâyâ appears in many forms, knows the [actual meaning of the] Vedas.

The sober soul who thus with unalloyed devotion honors the spiritual master and with the axe of knowledge cuts with the subtle body of attachment entertained by the individual soul, attains with the greatest care [living spiritually] the Supreme Soul and then abandons the means [by which he attained, see also B.G. 15: 3-4 ].'

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The text and audio are offered under the conditions of the
Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License .
The image is of a statue of Lord Krishna-Caitanya Mahâprabhu
singing with His close associates
[PañcaTattva] .
Production: Filognostic Association of The Order of Time


11 U.S. Code § 1201 - Stay of action against codebtor

For repeal of section effective Oct. 1, 1998 , and subsequent reenactment of section, see note set out preceding this section.

Chapter 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 in an Effective Date of 1986 Amendment Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure.

Chapter was repealed Oct. 1, 1998 , except that cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, were to be conducted and determined as if this chapter had not been repealed, and substantive rights of parties in connection with such cases, matters, and proceedings were to continue to be governed under the laws applicable to such cases, matters, and proceedings as if this chapter had not been repealed, see section 302(f) of Pub. L. 99–554, as amended, formerly set out in an Effective Date of 1986 Amendment note under section 581 of Title 28, Judiciary and Judicial Procedure.


Revocation of the confirmation order is an undoing or cancellation of the confirmation of a plan. A request for revocation of confirmation, if made at all, must be made by a party in interest within 180 days of confirmation. The court, after notice and hearing, may revoke a confirmation order "if and only if the [confirmation] order was procured by fraud." 11 U.S.C. § 1144.

Notes

  1. Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders.11 U.S.C. § 523(a). The debtor will continue to be liable for these types of debts to the extent that they are not paid in the chapter 11 case. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. § 523(c) Fed. R. Bankr. P. 4007(c).


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