11 U.S.C. § 1194

Payments

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(a)Retention and Distribution by Trustee.—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)Other Plans.—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)Payments Prior to Confirmation.—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.(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1084.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 8 cases (7 in the last 5 years), 2020–2025 · leading case: In Re: Roger Evans v. Kathleen McCallister, 69 F.4th 1101 (9th Cir. 2023).

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In Re: Roger Evans v. Kathleen McCallister, 69 F.4th 1101 (9th Cir. 2023). “11 U.S.C. § 1194 (a) (emphasis added). Both provisions have language almost identical to Section 1326(a), but explicitly mandate that fees be paid to trustees regardless of plan confirmation.”

In Re: Soussis, 136 F.4th 415 (2d Cir. 2025). · cites it 2× “11 U.S.C. § 1194 (a) (emphasis added). That Congress included an explicit command to deduct the trustee’s fee in Sections 1226(a) and 1194(a) and did not repeat that command in the parallel provision in Section 1326(a)(2) suggests that Congress likely intended something…”

Marilyn Marshall v. Edward Johnson, 100 F.4th 914 (7th Cir. 2024). “”); 11 U.S.C. § 1194 (a)(3) (“If a plan is not conﬁrmed, the trustee shall return any such payments to the debtor after de- ducting … any fee owing to the trustee.”

Doll v. Goodman (10th Cir. 2023). · cites it 2× “11 U.S.C. § 1194 (a), for example, which addresses Chapter 11 (Subchapter V) cases, specifically provides: 16 Appellate Case: 22-1004 Document: 010110799196 Date Filed: 01/18/2023 Page: 17 Payments and funds received by the trustee shall be retained by the trustee until…”

Tri-State Roofing (Bankr. D. Idaho 2020). “In the event no plan is confirmed, 11 U.S.C. § 1194 authorizes the Trustee to deduct and pay certain sums before returning any funds collected from the Debtor.”

Who Dat ?, Inc. (Bankr. E.D. La. 2024). “111:25–118:3 (June 22, 2023), 7 Initially, the Plan proposed that WDI’s principals would make disbursements in contravention of 11 U.S.C. § 1194 (b) and contemplated that they would not draw on the letters of credit to make disbursements until the end of the three-year Plan…”

DynoTec Indus., Inc. (Bankr. D. Minn. 2024). “11 U.S.C. § 1194 (b). It is quickly apparent why the Code does not include a parallel provision for cases confirmed under § 1191(b): a trustee could have a duty to handle plan payments for 3 years, 5 years, or not at all, depending on the specific terms of the plan and…”

Offer Space, LLC (Bankr. D. Utah 2021). “§ § 1191(b), the Court finds and concludes that 11 U.S.C. §§ 1194 (a) and 1194(b) do not apply.”

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