Editorial Notes

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2017—Subsec. (a)(2). Pub. L. 115–72, § 1005(b)(1)(A)(i), substituted “unless” for “unless—”, struck out subpar. (B) designation before “the holder”, and struck out subpar. (A) which read as follows: “the claim is a claim owed to a governmental unit that arises as a result of the sale, transfer, exchange, or other disposition of any farm asset used in the debtor’s farming operation, in which case the claim shall be treated as an unsecured claim that is not entitled to priority under section 507, but the debt shall be treated in such manner only if the debtor receives a discharge; or”.

Subsec. (a)(5). Pub. L. 115–72, § 1005(b)(1)(A)(ii)–(iv), added par. (5).

2005—Subsec. (a)(2). Pub. L. 109–8, § 1003(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees to a different treatment of such claim;”.

Subsec. (a)(4). Pub. L. 109–8, § 213(3), added par. (4).

Subsec. (b)(11), (12). Pub. L. 109–8, § 213(4), added par. (11) and redesignated former par. (11) as (12).

1994—Subsec. (d). Pub. L. 103–394 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–72, div. B, § 1005(c), Oct. 26, 2017, 131 Stat. 1234, provided that: “The amendments made by this section [enacting section 1232 of this title and amending this section and sections 1228 and 1229 of this title] shall apply to—

“(1)

any bankruptcy case—

“(A)

that is pending on the date of enactment of this Act [Oct. 26, 2017];

“(B)

in which the plan under chapter 12 of title 11, United States Code, has not been confirmed on the date of enactment of this Act; and

“(C)

relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; and

“(2)

any bankruptcy case that commences on or after the date of enactment of this Act.”

Effective Date of 2005 Amendment

Pub. L. 109–8, title X, § 1003(c), Apr. 20, 2005, 119 Stat. 186, provided that: “This section [amending this section and section 1231 of this title] and the amendments made by this section shall take effect on the date of the enactment of this Act [Apr. 20, 2005] and shall not apply with respect to cases commenced under title 11 of the United States Code before such date.”

Amendment by section 213(3), (4) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and applicable only to agreements entered into after Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.