Title 11BankruptcyRelease 119-73

§1194 Payments

Title 11 › Chapter CHAPTER 11— - REORGANIZATION › Subchapter SUBCHAPTER V— - SMALL BUSINESS DEBTOR REORGANIZATION › § 1194

Last updated Apr 6, 2026|Official source

Summary

Trustees must hold any payments and money they get until a plan is accepted or rejected. If a plan is accepted, the trustee pays out the money as the plan says. If the plan is rejected, the trustee returns the money to the debtor but first subtracts unpaid allowed administrative claims under section 503(b), any payments made to protect a secured creditor’s interest, and the trustee’s fee. If a plan is confirmed under section 1191(b), the trustee must make the plan payments to creditors unless the plan or the confirmation order says otherwise. Before a plan is confirmed, a court can, after giving notice and holding a hearing, allow the trustee to pay a secured creditor to protect that creditor’s interest.

Full Legal Text

Title 11, §1194

Bankruptcy — Source: USLM XML via OLRC

(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—
(1)any unpaid claim allowed under section 503(b) of this title;
(2)any payment made for the purpose of providing adequate protection of an interest in property due to the holder of a secured claim; and
(3)any fee owing to the trustee.
(b)If a plan is confirmed under section 1191(b) of this title, except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan.
(c)Prior to confirmation of a plan, the court, after notice and a hearing, may authorize the trustee to make payments to the holder of a secured claim for the purpose of providing adequate protection of an interest in property.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an

Effective Date

of 2019 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1194

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73