§1327 — Title 11 Bankruptcy | U.S. Code

Summary

When a Chapter 13 plan is approved by the court, it binds the person who owes money and every creditor, even if a creditor is not paid under the plan or disagrees. Unless the plan or the court’s approval says otherwise, all property from the bankruptcy case goes back to the debtor and is free of claims by creditors the plan covers.

Title 11, §1327

Bankruptcy — Source: USLM XML via OLRC

(a)The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor 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 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.

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

Subsection (a) binds the debtor and each creditor to the provisions of a confirmed plan, whether or not the claim of the creditor is provided for by the plan and whether or not the creditor has accepted, rejected, or objected to the plan. Unless the plan itself or the order confirming the plan otherwise provides, confirmation is deemed to vest all property of the estate in the debtor, free and clear of any claim or interest of any creditor provided for by the plan.

§1327 Effect of confirmation

Summary

Title 11, §1327

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

Citations & Metadata