The Discharge of Post-Petition Debts in Chapter 11

  • February 5, 2018
  • /   Author Name
  • /   Bankruptcy & Restructuring,Media Coverage
News papers

By: Jason W. Johnson and David E. Peterson

ABI Journal

Blackletter bankruptcy law, as codified in 11 U.S.C. § 727 (b), holds that a chapter 7 discharge extends only to pre-petition debts. While most chapter 11 plans focus on the discharge of pre-petition debts, § 1141 (d) of the Bankruptcy Code specifically states that, except as provided in the plan or confirmation order, confirmation “discharges the debtor from any debt that arose before the date of such confirmation.”1 A line of bankruptcy cases have held that the provision means exactly what it says: debts arising between the filing of the petition and confirmation are discharged in chapter 11.2... To read the article in full, click the link below.

The Discharge of Post-Petition Debts in Chapter 11

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