U.S. Code » Title 11 » Chapter CHAPTER 9— ADJUSTMENT OF DEBTS OF A MUNICIPALITY › Subchapter SUBCHAPTER III— THE PLAN

11 U.S.C. § 944

Effect of confirmation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar
(a) The provisions of a confirmed plan bind the debtor and any creditor, whether or not—(1) a proof of such creditor’s claim is filed or deemed filed under section 501 of this title;(2) such claim is allowed under section 502 of this title; or(3) such creditor has accepted the plan.(b) Except as provided in subsection (c) of this section, the debtor is discharged from all debts as of the time when—(1) the plan is confirmed;(2) the debtor deposits any consideration to be distributed under the plan with a disbursing agent appointed by the court; and(3) the court has determined—(A) that any security so deposited will constitute, after distribution, a valid legal obligation of the debtor; and(B) that any provision made to pay or secure payment of such obligation is valid.(c) The debtor is not discharged under subsection (b) of this section from any debt—(1) excepted from discharge by the plan or order confirming the plan; or(2) owed to an entity that, before confirmation of the plan, had neither notice nor actual knowledge of the case.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2624.)Historical and Revision Notessenate report no. 95–989

[Section 947] Subsection (a) [enacted as section 944(a)] makes the provisions of a confirmed plan binding on the debtor and creditors. It is derived from section 95(a) of chapter 9 [section 415(a) of former title 11].

Subsections (b) and (c) [enacted as section 944(b) and (c)] provide for the discharge of a municipality. The discharge is essentially the same as that granted under section 95(b) of the Bankruptcy Act [section 415(b) of former title 11].

Notes of Decisions
Cited in 26 cases (9 in the last 5 years), 1984–2026 · leading case: Jason Deocampo v. Jason Potts, 836 F.3d 1134 (9th Cir. 2016).
Sort: Relevance Newest Treatment
Jason Deocampo v. Jason Potts, 836 F.3d 1134 (9th Cir. 2016). · cites it 2× “See 11 U.S.C. § 944 (c)(1). Our decision thus does not unsettle the commitment of California municipalities to indemnify their employees, nor should it chill legitimate law enforcement activity.”
In re City of Detroit, 548 B.R. 748 (Bankr. E.D. Mich. 2016). “Applying 11 U.S.C. § 944 (b), the court in O'Loghlin held that all pre-confirmation debts are discharged.”
Carole O'LOghLin v. Cnty. of Orange, 229 F.3d 871 (9th Cir. 2000). “§ 101 (40), the applicable discharge provision is 11 U.S.C. § 944 (b). Section 944(b) provides that “the debtor is discharged from all debts as of the time when .”
Barraford v. T&N Ltd., 778 F.3d 258 (1st Cir. 2015). “11 U.S.C. §§ 944 (b)(1), 1141(d). Current and future claimants then proceed solely against the trust.”
Watson v. City Nat'l Bank (In Re Watson), 78 B.R. 267 (Bankr. C.D. Cal. 1987). “For Chapter 9 cases, the discharge is provided in Bankruptcy Code § 944, 11 U.S.C. § 944 (1979); for Chapter 11 cases, the discharge is provided in Bankruptcy Code § 1141, 11 U.”
In re Fin. Oversight & Mgmt. Bd. for Puerto Rico, 361 F. Supp. 3d 203 (2019). “11 U.S.C. § 944 (b)(3). See generally In re City of Stockton, Cal.”
In Re City of Colorado Springs Spring Creek Gen. Improvement Dist., 187 B.R. 683 (Bankr.D. Colo. 1995). “The debts of the District are discharged to the extent provided by 11 U.S.C. § 944 . 6. Pursuant to 11 U.S.C.”
Rhita Bercy v. City of Phoenix, 103 F.4th 591 (9th Cir. 2024). · cites it 2× “” 11 U.S.C. § 944 (b). Under that provision, even if pre- and post-discharge conduct constitute a single continuing violation, someone suing a municipal debtor can recover damages incurred after the date of discharge.”
Avellino & Bienes v. M. Frenville Co., 744 F.2d 332 (3rd Cir. 1984). “rovided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter, and any liability on a claim that is determined under section 502 of this title as…”
Bank of New York Mellon v. Jefferson Cnty. (In re Jefferson Cnty.), 482 B.R. 404 (Bankr. N.D. Ala. 2012). “§ 928 , with 11 U.S.C. § 944 . This means the time of § 928(b)’s subordination is measured in months to, hopefully, not more than a few years.”
In Re City of Columbia Falls, 143 B.R. 750 (Bankr. D. Mont. 1992). “11 U.S.C. § 944 (b). But, Davidson argues, 11 U.”
In Re Baker, 217 B.R. 609 (Bankr. N.D. Cal. 1998). “11 U.S.C.A. § 944 (b)(West 1993). Until the debtor receives a discharge, any future revenues would constitute property of the bankruptcy estate to which the pledgees’ *613 lien, still supported by an undischarged debt, could attach.”
Show all 26 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.