Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "11 U.S.C. § 102"
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description: "Rules of construction"
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title_number: 11
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title_name: "BANKRUPTCY"
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chapter_number: "1"
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chapter_name: "GENERAL PROVISIONS"
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section: "102"
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citation: "11 U.S.C. § 102"
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---
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# 11 U.S.C. § 102 - Rules of construction
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## Text
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In this title—
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(1) “after notice and a hearing”, or a similar phrase—
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(A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but
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(B) authorizes an act without an actual hearing if such notice is given properly and if—
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(i) such a hearing is not requested timely by a party in interest; or
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(ii) there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act;
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(2) “claim against the debtor” includes claim against property of the debtor;
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(3) “includes” and “including” are not limiting;
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(4) “may not” is prohibitive, and not permissive;
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(5) “or” is not exclusive;
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(6) “order for relief” means entry of an order for relief;
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(7) the singular includes the plural;
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(8) a definition, contained in a section of this title that refers to another section of this title, does not, for the purpose of such reference, affect the meaning of a term used in such other section; and
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(9) “United States trustee” includes a designee of the United States trustee.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2554; Pub. L. 98–353, title III, § 422, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 202, Oct. 27, 1986, 100 Stat. 3097.)
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## Notes
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Historical and Revision Notes
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legislative statementsSection 102 specifies various rules of construction but is not exclusive. Other rules of construction that are not set out in title 11 are nevertheless intended to be followed in construing the bankruptcy code. For example, the phrase “on request of a party in interest” or a similar phrase, is used in connection with an action that the court may take in various sections of the Code. The phrase is intended to restrict the court from acting sua sponte. Rules of bankruptcy procedure or court decisions will determine who is a party in interest for the particular purposes of the provision in question, but the court will not be permitted to act on its own. Although “property” is not construed in this section, it is used consistently throughout the code in its broadest sense, including cash, all interests in property, such as liens, and every kind of consideration including promises to act or forbear to act as in section 548(d). Section 102(1) expands on a rule of construction contained in H.R. 8200 as passed by the House and in the Senate amendment. The phrase “after notice and a hearing”, or a similar phrase, is intended to be construed according to the particular proceeding to mean after such notice as is appropriate in the particular circumstances, and such opportunity, if any, for a hearing as is appropriate in the particular circumstances. If a provision of title 11 authorizes an act to be taken “after notice and a hearing” this means that if appropriate notice is given and no party to whom such notice is sent timely requests a hearing, then the act sought to be taken may be taken without an actual hearing. In very limited emergency circumstances, there will be insufficient time for a hearing to be commenced before an action must be taken. The action sought to be taken may be taken if authorized by the court at an ex parte hearing of which a record is made in open court. A full hearing after the fact will be available in such an instance. In some circumstances, such as under section 1128, the bill requires a hearing and the court may act only after a hearing is held. In those circumstances the judge will receive evidence before ruling. In other circumstances, the court may take action “after notice and a hearing,” if no party in interest requests a hearing. In that event a court order authorizing the action to be taken is not necessary as the ultimate action taken by the court implies such an authorization. Section 102(8) is new. It contains a rule of construction indicating that a definition contained in a section in title 11 that refers to another section of title 11 does not, for the purposes of such reference, take the meaning of a term used in the other section. For example, section 522(a)(2) defines “value” for the purposes of section 522. Section 548(d)(2) defines “value” for purposes of section 548. When section 548 is incorporated by reference in section 522, this rule of construction makes clear that the definition of “value” in section 548 governs its meaning in section 522 notwithstanding a different definition of “value” in section 522(a)(2).
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senate report no. 95–989Section 102 provides seven rules of construction. Some are derived from current law; others are derived from 1 U.S.C. 1; a few are new. They apply generally throughout proposed title 11. These are terms that are not appropriate for definition, but that require an explanation. Paragraph (1) defines the concept of “after notice and a hearing.” The concept is central to the bill and to the separation of the administrative and judicial functions of bankruptcy judges. The phrase means after such notice as is appropriate in the particular circumstances (to be prescribed by either the Rules of Bankruptcy Procedure or by the court in individual circumstances that the Rules do not cover. In many cases, the Rules will provide for combined notice of several proceedings), and such opportunity for a hearing as is appropriate in the particular circumstances. Thus, a hearing will not be necessary in every instance. If there is no objection to the proposed action, the action may go ahead without court action. This is a significant change from present law, which requires the affirmative approval of the bankruptcy judge for almost every action. The change will permit the bankruptcy judge to stay removed from the administration of the bankruptcy or reorganization case, and to become involved only when there is a dispute about a proposed action, that is, only when there is an objection. The phrase “such opportunity for a hearing as is appropriate in the particular circumstances” is designed to permit the Rules and the courts to expedite or dispense with hearings when speed is essential. The language “or similar phrase” is intended to cover the few instances in the bill where “after notice and a hearing” is interrupted by another phrase, such as “after notice to the debtor and a hearing.” Paragraph (2) specifies that “claim against the debtor” includes claim against property of the debtor. This paragraph is intended to cover nonrecourse loan agreements where the creditor’s only rights are against property of the debtor, and not against the debtor personally. Thus, such an agreement would give rise to a claim that would be treated as a claim against the debtor personally, for the purposes of the bankruptcy code. Paragraph (3) is a codification of American Surety Co. v. Marotta, 287 U.S. 513 (1933). It specifies that “includes” and “including” are not limiting. Paragraph (4) specifies that “may not” is prohibitive and not permissive (such as in “might not”). Paragraph (5) specifies that “or” is not exclusive. Thus, if a party “may do (a) or (b)”, then the party may do either or both. The party is not limited to a mutually exclusive choice between the two alternatives. Paragraph (6) makes clear that “order for relief” means entry of an order for relief. If the court orally orders relief, but the order is not entered until a later time, then any time measurements in the bill are from entry, not from the oral order. In a voluntary case, the entry of the order for relief is the filing of the petition commencing the voluntary case. Paragraph (7) specifies that the singular includes the plural. The plural, however, generally does not include the singular. The bill uses only the singular, even when the item in question most often is found in plural quantities, in order to avoid the confusion possible if both rules of construction applied. When an item is specified in the plural, the plural is intended.
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Editorial Notes
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Amendments1986—Par. (9). Pub. L. 99–554 added par. (9). 1984—Par. (8). Pub. L. 98–353 substituted “contained” for “continued”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
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Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
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---
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type: "LegalText"
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title: "11 U.S.C. § 103"
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description: "Applicability of chapters"
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title_number: 11
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title_name: "BANKRUPTCY"
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chapter_number: "1"
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chapter_name: "GENERAL PROVISIONS"
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section: "103"
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citation: "11 U.S.C. § 103"
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status: "current"
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---
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# 11 U.S.C. § 103 - Applicability of chapters
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## Text
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(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.
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(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.
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(c) Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.
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(d) Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.
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(e) Scope of Application.— Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 11 See References in Text note below. of the Federal Deposit Insurance Corporation Improvement Act of 1991.
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(f) Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.
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(g) Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.
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(h) Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.
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(i) Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a debtor (as defined in section 1182) elects that subchapter V of chapter 11 shall apply.
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(j) Chapter 13 of this title applies only in a case under such chapter.
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(k) Chapter 12 of this title applies only in a case under such chapter.
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(l) Chapter 15 applies only in a case under such chapter, except that—
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(1) sections 1505, 1513, and 1514 apply in all cases under this title; and
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(2) section 1509 applies whether or not a case under this title is pending.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97–222, § 2, July 27, 1982, 96 Stat. 235; Pub. L. 98–353, title III, § 423, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 252, Oct. 27, 1986, 100 Stat. 3104; Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–394; Pub. L. 109–8, title VIII, § 802(a), Apr. 20, 2005, 119 Stat. 145; Pub. L. 111–327, § 2(a)(2), Dec. 22, 2010, 124 Stat. 3557; Pub. L. 116–54, § 4(a)(2), Aug. 23, 2019, 133 Stat. 1085; Pub. L. 116–136, div. A, title I, § 1113(a)(2), Mar. 27, 2020, 134 Stat. 311.)
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## Notes
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Historical and Revision Notes
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senate report no. 95–989Section 103 prescribes which chapters of the proposed bankruptcy code apply in various cases. All cases, other than cases ancillary to foreign proceedings, are filed under chapter 7, 9, 11, or 13, the operative chapters of the proposed bankruptcy code. The general provisions that apply no matter which chapter a case is filed under are found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with an exception for chapter 9. The other provisions, which are self-explanatory, provide the special rules for Stockbroker Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad Reorganizations.
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Editorial Notes
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References in TextSection 25A of the Federal Reserve Act, referred to in subsec. (e), popularly known as the Edge Act, is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 12 and Tables. Section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in subsec. (e), was classified to section 4422 of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title VII, § 740, July 21, 2010, 124 Stat. 1729.
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Amendments2020—Subsec. (i). Pub. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”. 2019—Subsecs. (i) to (l). Pub. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively. 2010—Subsec. (a). Pub. L. 111–327 substituted “362(o)” for “362(n)”. 2005—Subsec. (a). Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period. Subsec. (k). Pub. L. 109–8, § 802(a)(2), added subsec. (k). 2000—Subsecs. (e) to (j). Pub. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively. 1986—Subsec. (a). Pub. L. 99–554, § 252(1), inserted reference to chapter 12. Subsec. (i). Pub. L. 99–554, § 252(2), added subsec. (i). 1984—Subsec. (c). Pub. L. 98–353 substituted “stockbroker” for “stockholder”. 1982—Subsec. (d). Pub. L. 97–222 struck out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2019 AmendmentAmendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.
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Effective Date of 2005 AmendmentAmendment by 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.
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Effective Date of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
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Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
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---
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type: "LegalText"
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title: "11 U.S.C. § 104"
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description: "Adjustment of dollar amounts"
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title_number: 11
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chapter_number: "1"
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chapter_name: "GENERAL PROVISIONS"
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section: "104"
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citation: "11 U.S.C. § 104"
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---
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# 11 U.S.C. § 104 - Adjustment of dollar amounts
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## Text
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(a) On April 1, 1998, and at each 3-year interval ending on April 1 thereafter, each dollar amount in effect under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28 immediately before such April 1 shall be adjusted—
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(1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3-year period ending immediately before January 1 preceding such April 1, and
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(2) to round to the nearest $25 the dollar amount that represents such change.
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(b) Not later than March 1, 1998, and at each 3-year interval ending on March 1 thereafter, the Judicial Conference of the United States shall publish in the Federal Register the dollar amounts that will become effective on such April 1 under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28.
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(c) Adjustments made in accordance with subsection (a) shall not apply with respect to cases commenced before the date of such adjustments.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 103–394, title I, § 108(e), Oct. 22, 1994, 108 Stat. 4112; Pub. L. 109–8, title I, § 102(j), title II, §§ 224(e)(2), 226(b), title III, § 322(b), title IV, § 432(c), title X, § 1002, title XII, § 1202, Apr. 20, 2005, 119 Stat. 35, 65, 67, 97, 110, 186, 193; Pub. L. 110–406, § 7, Oct. 13, 2008, 122 Stat. 4293; Pub. L. 117–151, § 2(b), June 21, 2022, 136 Stat. 1298.)
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## Notes
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Historical and Revision Notes
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legislative statementsSection 104 represents a compromise between the House bill and the Senate amendment with respect to the adjustment of dollar amounts in title 11. The House amendment authorizes the Judicial Conference of the United States to transmit a recommendation for the uniform percentage of adjustment for each dollar amount in title 11 and in 28 U.S.C. 1930 to the Congress and to the President before May 1, 1985, and before May 1 of every sixth year thereafter. The requirement in the House bill that each such recommendation be based only on any change in the cost-of-living increase during the period immediately preceding the recommendation is deleted.
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senate report no. 95–989This section requires that the Director of the Administrative Office of the U. S. Courts report to Congress and the President before Oct. 1, 1985, and before May 1 every 6 years thereafter a recommendation for adjustment in dollar amounts found in this title. The Committee feels that regular adjustment of the dollar amounts by the Director will conserve congressional time and yet assure that the relative dollar amounts used in the bill are maintained. Changes in the cost of living should be a significant, but not necessarily the only, factor considered by the Director. The fact that there has been an increase in the cost of living does not necessarily mean that an adjustment of dollar amounts would be needed or warranted.
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house report no. 95–595This section requires the Judicial Conference to report to the Congress every four years after the effective date of the bankruptcy code any changes that have occurred in the cost of living during the preceding four years, and the appropriate adjustments to the dollar amounts in the bill. The dollar amounts are found primarily in the exemption section (11 U.S.C. 522), the wage priority (11 U.S.C. 507), and the eligibility for chapter 13 (11 U.S.C. 109). This section requires that the Conference recommend uniform percentage changes in these amounts based solely on cost of living changes. The dollar amounts in the bill would not change on that recommendation, absent Congressional veto. Instead, Congress is required to take affirmative action, by passing a law amending the appropriate section, if it wishes to accomplish the change. If the Judicial Conference has policy recommendations concerning the appropriate dollar amounts in the bankruptcy code based other than on cost of living considerations there are adequate channels through which it may communicate its views. This section is solely for the housekeeping function of maintaining the dollar amounts in the code at fairly constant real dollar levels.
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Editorial Notes
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||||
Amendments2022—Subsec. (a). Pub. L. 117–151, § 2(b)(1), inserted “1182(1),” after “707(b),” in introductory provisions. Subsec. (b). Pub. L. 117–151, § 2(b)(2), inserted “1182(1),” after “707(b),”. 2008—Pub. L. 110–406 redesignated subsec. (b)(1) as (a), subpars. (A) and (B) of subsec. (b)(1) as pars. (1) and (2), respectively, of subsec. (a), and pars. (2) and (3) of subsec. (b) as subsecs. (b) and (c), respectively, substituted “subsection (a)” for “paragraph (1)” in subsec. (c), and struck out former subsec. (a) which read as follows: “The Judicial Conference of the United States shall transmit to the Congress and to the President before May 1, 1985, and before May 1 of every sixth year after May 1, 1985, a recommendation for the uniform percentage adjustment of each dollar amount in this title and in section 1930 of title 28.” 2005—Subsec. (b)(1). Pub. L. 109–8, § 1202(1)–(4), in introductory provisions, inserted “101(19A),” after “101(18),”, “522(f)(3) and 522(f)(4),” after “522(d),”, and “541(b), 547(c)(9),” after “523(a)(2)(C),” and substituted “1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28” for “and 1325(b)(3)”. Pub. L. 109–8, § 1002, inserted “101(18),” after “101(3),” in introductory provisions. Pub. L. 109–8, § 432(c), inserted “101(51D),” after “101(3),” in introductory provisions. Pub. L. 109–8, § 322(b), inserted “522(p), 522(q),” after “522(n),” in introductory provisions. Pub. L. 109–8, § 226(b), inserted “101(3),” after “sections” in introductory provisions. Pub. L. 109–8, § 224(e)(2), inserted “522(n),” after “522(d),” in introductory provisions. Pub. L. 109–8, § 102(j), substituted “523(a)(2)(C), 707(b), and 1325(b)(3)” for “and 523(a)(2)(C)” in introductory provisions. Subsec. (b)(2). Pub. L. 109–8, § 1202(1)–(3), (5), inserted “101(19A),” after “101(18),”, “522(f)(3) and 522(f)(4),” after “522(d),”, and “541(b), 547(c)(9),” after “523(a)(2)(C),” and substituted “1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28” for “and 1325(b)(3) of this title”. Pub. L. 109–8, § 1002, inserted “101(18),” after “101(3),”. Pub. L. 109–8, § 432(c), inserted “101(51D),” after “101(3),”. Pub. L. 109–8, § 322(b), inserted “522(p), 522(q),” after “522(n),”. Pub. L. 109–8, § 226(b), inserted “101(3),” after “sections”. Pub. L. 109–8, § 224(e)(2), inserted “522(n),” after “522(d),”. Pub. L. 109–8, § 102(j), substituted “523(a)(2)(C), 707(b), and 1325(b)(3)” for “and 523(a)(2)(C)”. 1994—Pub. L. 103–394 designated existing provisions as subsec. (a) and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–151, § 2(h)(1), June 21, 2022, 136 Stat. 1299, provided that: “Subsections (b) and (c) [amending this section and section 109 of this title] and the amendments made by subsections (b) and (c) shall take effect on the date of enactment of this Act [June 21, 2022].”
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, with amendments by sections 102(j), 224(e)(2), 226(b), 432(c), 1002, and 1202 of Pub. L. 109–8 not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, and amendment by section 322(b) of Pub. L. 109–8 applicable with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Court Rules and Judicial Documents
|
||||
|
||||
Adjustment of Dollar AmountsBy notice dated Jan. 30, 2025, 90 F.R. 8941, and corrected at 90 F.R. 10643, the Judicial Conference of the United States adjusted the dollar amounts in provisions specified in subsec. (a) of this section, effective Apr. 1, 2025, as follows: Affected sections of Titles 11 and 28 U.S.C.Dollar amount to be adjustedNew (adjusted) dollar amount 1 1 The New (Adjusted) Dollar Amounts reflect a 13.2004 percent increase, rounded to the nearest $25. 2 There is no dollar amount currently set forth in 11 U.S.C. 1182(1). Most recently, the Bankruptcy Threshold Adjustment and Technical Corrections Act (BTATCA) (Pub. L. 117–151, 136 Stat. 1298) added a dollar amount to that section, but the BTATCA provision that included the dollar amount sunset on June 21, 2024. 11 U.S.C.: Section 101(3)$226,850$256,800. Section 101(18)$11,097,350 (each time it appears)$12,562,250 (each time it appears). Section 101(19A)$2,268,550 (each time it appears)$2,568,000 (each time it appears). Section 101(51D)$3,024,725 (each time it appears)$3,424,000 (each time it appears). Section 109(e)$465,275 (each time it appears)$1,395,875 (each time it appears)$526,700 (each time it appears).$1,580,125 (each time it appears). Section 303(b)$18,600 (each time it appears)$21,050 (each time it appears). Section 507(a) paragraph (4)$15,150$17,150. paragraph (5)(B)(i)$15,150$17,150. paragraph (6)$7,475$8,450. paragraph (7)$3,350$3,800. Section 522(d) paragraph (1)$27,900$31,575. paragraph (2)$4,450$5,025. paragraph (3)$700$14,875$800.$16,850. paragraph (4)$1,875$2,125. paragraph (5)$1,475$13,950$1,675.$15,800. paragraph (6)$2,800$3,175. paragraph (8)$14,875$16,850. paragraph (11)(D)$27,900$31,575. Section 522(f)(3)$7,575$8,575. Section 522(f)(4)$800 (each time it appears)$900 (each time it appears). Section 522(n)$1,512,350$1,711,975. Section 522(p)$189,050$214,000. Section 522(q)$189,050$214,000. Section 523(a)(2)(C) paragraph (i)(I)$800$900. (2)—in paragraph (i)(II)$1,100$1,250. Section 541(b)$7,575 (each time it appears)$8,575 (each time it appears). Section 547(c)(9)$7,575$8,575. Section 707(b) paragraph (2)(A)(i)(I)$9,075$10,275. paragraph (2)(A)(i)(II)$15,150$17,150. paragraph (2)(A)(ii)(IV)$2,275$2,575. paragraph (2)(B)(iv)(I)$9,075$10,275. paragraph (2)(B)(iv)(II)$15,150$17,150. paragraph (5)(B)$1,525$1,725. paragraph (6)(C)$825$925. paragraph (7)(A)(iii)$825$925. Section 1182(1)\(2)\ Section 1322(d)$825 (each time it appears)$925 (each time it appears). Section 1325(b)$825 (each time it appears)$925 (each time it appears). Section 1326(b)(3)$25$25. 28 U.S.C.: Section 1409(b)$1,525$22,700$27,750$1,725$25,700$31,425. Similar notices by the Judicial Conference of the United States adjusting the dollar amounts in provisions specified in subsec. (a) of this section were contained in the following: Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022. Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019. Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016. Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013. Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010. Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007. Feb. 18, 2004, 69 F.R. 8482, effective Apr. 1, 2004. Feb. 13, 2001, 66 F.R. 10910, effective Apr. 1, 2001. Feb. 3, 1998, 63 F.R. 7179, effective Apr. 1, 1998.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
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|
||||
title: "11 U.S.C. § 105"
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 105 - Power of court
|
||||
|
||||
## Text
|
||||
|
||||
(a) The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.
|
||||
|
||||
(b) Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title.
|
||||
|
||||
(c) The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation.
|
||||
|
||||
(d) The court, on its own motion or on the request of a party in interest—
|
||||
|
||||
(1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and
|
||||
|
||||
(2) unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that—
|
||||
|
||||
(A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or
|
||||
|
||||
(B) in a case under chapter 11 of this title—
|
||||
|
||||
(i) sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan;
|
||||
|
||||
(ii) sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan;
|
||||
|
||||
(iii) sets the date by which a party in interest other than a debtor may file a plan;
|
||||
|
||||
(iv) sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan;
|
||||
|
||||
(v) fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or
|
||||
|
||||
(vi) provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 98–353, title I, § 118, July 10, 1984, 98 Stat. 344; Pub. L. 99–554, title II, § 203, Oct. 27, 1986, 100 Stat. 3097; Pub. L. 103–394, title I, § 104(a), Oct. 22, 1994, 108 Stat. 4108; Pub. L. 109–8, title IV, § 440, Apr. 20, 2005, 119 Stat. 114; Pub. L. 111–327, § 2(a)(3), Dec. 22, 2010, 124 Stat. 3557.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Section 105 is derived from section 2a (15) of present law [section 11(a)(15) of former title 11], with two changes. First, the limitation on the power of a bankruptcy judge (the power to enjoin a court being reserved to the district judge) is removed as inconsistent with the increased powers and jurisdiction of the new bankruptcy court. Second, the bankruptcy judge is prohibited from appointing a receiver in a case under title 11 under any circumstances. The bankruptcy code has ample provision for the appointment of a trustee when needed. Appointment of a receiver would simply circumvent the established procedures. This section is also an authorization, as required under 28 U.S.C. 2283, for a court of the United States to stay the action of a State court. As such, Toucey v. New York Life Insurance Company, 314 U.S. 118 (1941), is overruled.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (d)(2), are set out in the Appendix to this title.
|
||||
|
||||
Amendments2010—Subsec. (d)(2). Pub. L. 111–327 inserted “may” after “Procedure,” in introductory provisions. 2005—Subsec. (d). Pub. L. 109–8, § 440(1), struck out “, may” after “party in interest” in introductory provisions. Subsec. (d)(1). Pub. L. 109–8, § 440(2), added par. (1) and struck out former par. (1) which read as follows: “hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and”. 1994—Subsec. (d). Pub. L. 103–394 added subsec. (d). 1986—Subsec. (a). Pub. L. 99–554 inserted at end “No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.” 1984—Subsecs. (a), (b). Pub. L. 98–353, § 118(1), struck out “bankruptcy” before “court”. Subsec. (c). Pub. L. 98–353, § 118(2), added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.
|
||||
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|
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|
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|
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|
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|
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|
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|
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|
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|
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---
|
||||
|
||||
# 11 U.S.C. § 106 - Waiver of sovereign immunity
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following:
|
||||
|
||||
(1) Sections 105, 106, 107, 108, 303, 346, 362, 363, 364, 365, 366, 502, 503, 505, 506, 510, 522, 523, 524, 525, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 722, 724, 726, 744, 749, 764, 901, 922, 926, 928, 929, 944, 1107, 1141, 1142, 1143, 1146, 1201, 1203, 1205, 1206, 1227, 1231, 1301, 1303, 1305, and 1327 of this title.
|
||||
|
||||
(2) The court may hear and determine any issue arising with respect to the application of such sections to governmental units.
|
||||
|
||||
(3) The court may issue against a governmental unit an order, process, or judgment under such sections or the Federal Rules of Bankruptcy Procedure, including an order or judgment awarding a money recovery, but not including an award of punitive damages. Such order or judgment for costs or fees under this title or the Federal Rules of Bankruptcy Procedure against any governmental unit shall be consistent with the provisions and limitations of section 2412(d)(2)(A) of title 28.
|
||||
|
||||
(4) The enforcement of any such order, process, or judgment against any governmental unit shall be consistent with appropriate nonbankruptcy law applicable to such governmental unit and, in the case of a money judgment against the United States, shall be paid as if it is a judgment rendered by a district court of the United States.
|
||||
|
||||
(5) Nothing in this section shall create any substantive claim for relief or cause of action not otherwise existing under this title, the Federal Rules of Bankruptcy Procedure, or nonbankruptcy law.
|
||||
|
||||
(b) A governmental unit that has filed a proof of claim in the case is deemed to have waived sovereign immunity with respect to a claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which the claim of such governmental unit arose.
|
||||
|
||||
(c) Notwithstanding any assertion of sovereign immunity by a governmental unit, there shall be offset against a claim or interest of a governmental unit any claim against such governmental unit that is property of the estate.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 103–394, title I, § 113, Oct. 22, 1994, 108 Stat. 4117; Pub. L. 111–327, § 2(a)(4), Dec. 22, 2010, 124 Stat. 3557.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 106(c) relating to sovereign immunity is new. The provision indicates that the use of the term “creditor,” “entity,” or “governmental unit” in title 11 applies to governmental units notwithstanding any assertion of sovereign immunity and that an order of the court binds governmental units. The provision is included to comply with the requirement in case law that an express waiver of sovereign immunity is required in order to be effective. Section 106(c) codifies In re Gwilliam, 519 F.2d 407 (9th Cir., 1975), and In re Dolard, 519 F.2d 282 (9th Cir., 1975), permitting the bankruptcy court to determine the amount and dischargeability of tax liabilities owing by the debtor or the estate prior to or during a bankruptcy case whether or not the governmental unit to which such taxes are owed files a proof of claim. Except as provided in sections 106(a) and (b), subsection (c) is not limited to those issues, but permits the bankruptcy court to bind governmental units on other matters as well. For example, section 106(c) permits a trustee or debtor in possession to assert avoiding powers under title 11 against a governmental unit; contrary language in the House report to H.R. 8200 is thereby overruled.
|
||||
|
||||
senate report no. 95–989Section 106 provides for a limited waiver of sovereign immunity in bankruptcy cases. Though Congress has the power to waive sovereign immunity for the Federal government completely in bankruptcy cases, the policy followed here is designed to achieve approximately the same result that would prevail outside of bankruptcy. Congress does not, however, have the power to waive sovereign immunity completely with respect to claims of a bankrupt estate against a State, though it may exercise its bankruptcy power through the supremacy clause to prevent or prohibit State action that is contrary to bankruptcy policy. There is, however, a limited change from the result that would prevail in the absence of bankruptcy; the change is two-fold and is within Congress’ power vis-a-vis both the Federal Government and the States. First, the filing of a proof of claim against the estate by a governmental unit is a waiver by that governmental unit of sovereign immunity with respect to compulsory counterclaims, as defined in the Federal Rules of Civil Procedure [title 28, appendix], that is, counterclaims arising out of the same transaction or occurrence. The governmental unit cannot receive a distribution from the estate without subjecting itself to any liability it has to the estate within the confines of a compulsory counterclaim rule. Any other result would be one-sided. The counterclaim by the estate against the governmental unit is without limit. Second, the estate may offset against the allowed claim of a governmental unit, up to the amount of the governmental unit’s claim, any claim that the debtor, and thus the estate, has against the governmental unit, without regard to whether the estate’s claim arose out of the same transaction or occurrence as the government’s claim. Under this provision, the setoff permitted is only to the extent of the governmental unit’s claim. No affirmative recovery is permitted. Subsection (a) governs affirmative recovery. Though this subsection creates a partial waiver of immunity when the governmental unit files a proof of claim, it does not waive immunity if the debtor or trustee, and not the governmental unit, files proof of a governmental unit’s claim under proposed 11 U.S.C. 501(c). This section does not confer sovereign immunity on any governmental unit that does not already have immunity. It simply recognizes any immunity that exists and prescribes the proper treatment of claims by and against that sovereign.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (a)(3), (5), are set out in the Appendix to this title.
|
||||
|
||||
Amendments2010—Subsec. (a)(1). Pub. L. 111–327 struck out “728,” after “726,”. 1994—Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “(a) A governmental unit is deemed to have waived sovereign immunity with respect to any claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which such governmental unit’s claim arose. “(b) There shall be offset against an allowed claim or interest of a governmental unit any claim against such governmental unit that is property of the estate. “(c) Except as provided in subsections (a) and (b) of this section and notwithstanding any assertion of sovereign immunity— “(1) a provision of this title that contains ‘creditor’, ‘entity’, or ‘governmental unit’ applies to governmental units; and “(2) a determination by the court of an issue arising under such a provision binds governmental units.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and applicable with respect to cases commenced under this title before, on, and after Oct. 22, 1994, see section 702(a), (b)(2)(B) of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,69 @@
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
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||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "025ea6df1cef8f37787f761e0574ce873a22f7d82de187a83b6221b51c914c86"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 107 - Public access to papers
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b) and (c) and subject to section 112, a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge.
|
||||
|
||||
(b) On request of a party in interest, the bankruptcy court shall, and on the bankruptcy court’s own motion, the bankruptcy court may—
|
||||
|
||||
(1) protect an entity with respect to a trade secret or confidential research, development, or commercial information; or
|
||||
|
||||
(2) protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title.
|
||||
|
||||
(c) (1) The bankruptcy court, for cause, may protect an individual, with respect to the following types of information to the extent the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property:
|
||||
|
||||
(A) Any means of identification (as defined in section 1028(d) of title 18) contained in a paper filed, or to be filed, in a case under this title.
|
||||
|
||||
(B) Other information contained in a paper described in subparagraph (A).
|
||||
|
||||
(2) Upon ex parte application demonstrating cause, the court shall provide access to information protected pursuant to paragraph (1) to an entity acting pursuant to the police or regulatory power of a domestic governmental unit.
|
||||
|
||||
(3) The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28—
|
||||
|
||||
(A) shall have full access to all information contained in any paper filed or submitted in a case under this title; and
|
||||
|
||||
(B) shall not disclose information specifically protected by the court under this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 109–8, title II, §§ 233(c), 234(a), (c), Apr. 20, 2005, 119 Stat. 74, 75; Pub. L. 111–327, § 2(a)(5), Dec. 22, 2010, 124 Stat. 3557.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Subsection (a) of this section makes all papers filed in a bankruptcy case and the dockets of the bankruptcy court public and open to examination at reasonable times without charge. “Docket” includes the claims docket, the proceedings docket, and all papers filed in a case. Subsection (b) permits the court, on its own motion, and requires the court, on the request of a party in interest, to protect trade secrets, confidential research, development, or commercial information, and to protect persons against scandalous or defamatory matter.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (a). Pub. L. 111–327 substituted “subsections (b) and (c)” for “subsection (b) of this section”. 2005—Subsec. (a). Pub. L. 109–8, § 234(c), which directed the substitution of “subsections (b) and (c),” for “subsection (b),”, could not be executed because “subsection (b),” did not appear in text. Pub. L. 109–8, § 233(c), inserted “and subject to section 112” after “section”. Subsec. (c). Pub. L. 109–8, § 234(a), added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 108"
|
||||
description: "Extension of time"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "1"
|
||||
chapter_name: "GENERAL PROVISIONS"
|
||||
section: "108"
|
||||
citation: "11 U.S.C. § 108"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
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|
||||
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|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 108 - Extension of time
|
||||
|
||||
## Text
|
||||
|
||||
(a) If applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor may commence an action, and such period has not expired before the date of the filing of the petition, the trustee may commence such action only before the later of—
|
||||
|
||||
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
|
||||
|
||||
(2) two years after the order for relief.
|
||||
|
||||
(b) Except as provided in subsection (a) of this section, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period within which the debtor or an individual protected under section 1201 or 1301 of this title may file any pleading, demand, notice, or proof of claim or loss, cure a default, or perform any other similar act, and such period has not expired before the date of the filing of the petition, the trustee may only file, cure, or perform, as the case may be, before the later of—
|
||||
|
||||
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
|
||||
|
||||
(2) 60 days after the order for relief.
|
||||
|
||||
(c) Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of—
|
||||
|
||||
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or
|
||||
|
||||
(2) 30 days after notice of the termination or expiration of the stay under section 362, 922, 1201, or 1301 of this title, as the case may be, with respect to such claim.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 98–353, title III, § 424, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 257(b), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 109–8, title XII, § 1203, Apr. 20, 2005, 119 Stat. 193.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsExtension of time: The House amendment adopts section 108(c)(1) of the Senate amendment which expressly includes any special suspensions of statutes of limitation periods on collection outside bankruptcy when assets are under the authority of a court. For example, section 6503(b) of the Internal Revenue Code [title 26] suspends collection of tax liabilities while the debtor’s assets are in the control or custody of a court, and for 6 months thereafter. By adopting the language of the Senate amendment, the House amendment insures not only that the period for collection of the taxes outside bankruptcy will not expire during the title 11 proceedings, but also that such period will not expire until at least 6 months thereafter, which is the minimum suspension period provided by the Internal Revenue Code [title 26].
|
||||
|
||||
senate report no. 95–989Subsections (a) and (b), derived from Bankruptcy Act section 11 [section 29 of former title 11], permit the trustee, when he steps into the shoes of the debtor, an extension of time for filing an action or doing some other act that is required to preserve the debtor’s rights. Subsection (a) extends any statute of limitation for commencing or continuing an action by the debtor for two years after the date of the order for relief, unless it would expire later. Subsection (b) gives the trustee 60 days to take other actions not covered under subsection (a), such as filing a pleading, demand, notice, or proof of claim or loss (such as an insurance claim), unless the period for doing the relevant act expires later than 60 days after the date of the order for relief. Subsection (c) extends the statute of limitations for creditors. Thus, if a creditor is stayed from commencing or continuing an action against the debtor because of the bankruptcy case, then the creditor is permitted an additional 30 days after notice of the event by which the stay is terminated, whether that event be relief from the automatic stay under proposed 11 U.S.C. 362 or 1301, the closing of the bankruptcy case (which terminates the stay), or the exception from discharge of the debts on which the creditor claims. In the case of Federal tax liabilities, the Internal Revenue Code [title 26] suspends the statute of limitations on a tax liability of a taxpayer from running while his assets are in the control or custody of a court and for 6 months thereafter (sec. 6503(b) of the Code [title 26]). The amendment applies this rule in a title 11 proceeding. Accordingly, the statute of limitations on collection of a nondischargeable Federal tax liability of a debtor will resume running after 6 months following the end of the period during which the debtor’s assets are in the control or custody of the bankruptcy court. This rule will provide the Internal Revenue Service adequate time to collect nondischargeable taxes following the end of the title 11 proceedings.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (c)(2). Pub. L. 109–8 substituted “922, 1201, or” for “922, or”. 1986—Subsec. (b). Pub. L. 99–554, § 257(b)(1), inserted reference to section 1201 of this title. Subsec. (c). Pub. L. 99–554, § 257(b)(2)(A), inserted reference to section 1201 of this title in provisions preceding par. (1). Subsec. (c)(2). Pub. L. 99–554, § 257(b)(2)(B), which directed the amendment of subsec. (c) by inserting “1201,” after “722,” could not be executed because “722,” did not appear in text. 1984—Subsec. (a). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1). Subsec. (a)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon. Subsec. (b). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon. Subsec. (c). Pub. L. 98–353, § 424(b), inserted “nonbankruptcy” after “applicable” and “entered in a” in provisions preceding par. (1). Subsec. (c)(1). Pub. L. 98–353, § 424(a), substituted “or” for “and” after the semicolon.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,123 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "111"
|
||||
citation: "11 U.S.C. § 111"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 111 - Nonprofit budget and credit counseling agencies; financial management instructional courses
|
||||
|
||||
## Text
|
||||
|
||||
(a) The clerk shall maintain a publicly available list of—
|
||||
|
||||
(1) nonprofit budget and credit counseling agencies that provide 1 or more services described in section 109(h) currently approved by the United States trustee (or the bankruptcy administrator, if any); and
|
||||
|
||||
(2) instructional courses concerning personal financial management currently approved by the United States trustee (or the bankruptcy administrator, if any), as applicable.
|
||||
|
||||
(b) The United States trustee (or bankruptcy administrator, if any) shall only approve a nonprofit budget and credit counseling agency or an instructional course concerning personal financial management as follows:
|
||||
|
||||
(1) The United States trustee (or bankruptcy administrator, if any) shall have thoroughly reviewed the qualifications of the nonprofit budget and credit counseling agency or of the provider of the instructional course under the standards set forth in this section, and the services or instructional courses that will be offered by such agency or such provider, and may require such agency or such provider that has sought approval to provide information with respect to such review.
|
||||
|
||||
(2) The United States trustee (or bankruptcy administrator, if any) shall have determined that such agency or such instructional course fully satisfies the applicable standards set forth in this section.
|
||||
|
||||
(3) If a nonprofit budget and credit counseling agency or instructional course did not appear on the approved list for the district under subsection (a) immediately before approval under this section, approval under this subsection of such agency or such instructional course shall be for a probationary period not to exceed 6 months.
|
||||
|
||||
(4) At the conclusion of the applicable probationary period under paragraph (3), the United States trustee (or bankruptcy administrator, if any) may only approve for an additional 1-year period, and for successive 1-year periods thereafter, an agency or instructional course that has demonstrated during the probationary or applicable subsequent period of approval that such agency or instructional course—
|
||||
|
||||
(A) has met the standards set forth under this section during such period; and
|
||||
|
||||
(B) can satisfy such standards in the future.
|
||||
|
||||
(5) Not later than 30 days after any final decision under paragraph (4), an interested person may seek judicial review of such decision in the appropriate district court of the United States.
|
||||
|
||||
(c) (1) The United States trustee (or the bankruptcy administrator, if any) shall only approve a nonprofit budget and credit counseling agency that demonstrates that it will provide qualified counselors, maintain adequate provision for safekeeping and payment of client funds, provide adequate counseling with respect to client credit problems, and deal responsibly and effectively with other matters relating to the quality, effectiveness, and financial security of the services it provides.
|
||||
|
||||
(2) To be approved by the United States trustee (or the bankruptcy administrator, if any), a nonprofit budget and credit counseling agency shall, at a minimum—
|
||||
|
||||
(A) have a board of directors the majority of which—
|
||||
|
||||
(i) are not employed by such agency; and
|
||||
|
||||
(ii) will not directly or indirectly benefit financially from the outcome of the counseling services provided by such agency;
|
||||
|
||||
(B) if a fee is charged for counseling services, charge a reasonable fee, and provide services without regard to ability to pay the fee;
|
||||
|
||||
(C) provide for safekeeping and payment of client funds, including an annual audit of the trust accounts and appropriate employee bonding;
|
||||
|
||||
(D) provide full disclosures to a client, including funding sources, counselor qualifications, possible impact on credit reports, and any costs of such program that will be paid by such client and how such costs will be paid;
|
||||
|
||||
(E) provide adequate counseling with respect to a client’s credit problems that includes an analysis of such client’s current financial condition, factors that caused such financial condition, and how such client can develop a plan to respond to the problems without incurring negative amortization of debt;
|
||||
|
||||
(F) provide trained counselors who receive no commissions or bonuses based on the outcome of the counseling services provided by such agency, and who have adequate experience, and have been adequately trained to provide counseling services to individuals in financial difficulty, including the matters described in subparagraph (E);
|
||||
|
||||
(G) demonstrate adequate experience and background in providing credit counseling; and
|
||||
|
||||
(H) have adequate financial resources to provide continuing support services for budgeting plans over the life of any repayment plan.
|
||||
|
||||
(d) The United States trustee (or the bankruptcy administrator, if any) shall only approve an instructional course concerning personal financial management—
|
||||
|
||||
(1) for an initial probationary period under subsection (b)(3) if the course will provide at a minimum—
|
||||
|
||||
(A) trained personnel with adequate experience and training in providing effective instruction and services;
|
||||
|
||||
(B) learning materials and teaching methodologies designed to assist debtors in understanding personal financial management and that are consistent with stated objectives directly related to the goals of such instructional course;
|
||||
|
||||
(C) adequate facilities situated in reasonably convenient locations at which such instructional course is offered, except that such facilities may include the provision of such instructional course by telephone or through the Internet, if such instructional course is effective;
|
||||
|
||||
(D) the preparation and retention of reasonable records (which shall include the debtor’s bankruptcy case number) to permit evaluation of the effectiveness of such instructional course, including any evaluation of satisfaction of instructional course requirements for each debtor attending such instructional course, which shall be available for inspection and evaluation by the Executive Office for United States Trustees, the United States trustee (or the bankruptcy administrator, if any), or the chief bankruptcy judge for the district in which such instructional course is offered; and
|
||||
|
||||
(E) if a fee is charged for the instructional course, charge a reasonable fee, and provide services without regard to ability to pay the fee; and
|
||||
|
||||
(2) for any 1-year period if the provider thereof has demonstrated that the course meets the standards of paragraph (1) and, in addition—
|
||||
|
||||
(A) has been effective in assisting a substantial number of debtors to understand personal financial management; and
|
||||
|
||||
(B) is otherwise likely to increase substantially the debtor’s understanding of personal financial management.
|
||||
|
||||
(e) The district court may, at any time, investigate the qualifications of a nonprofit budget and credit counseling agency referred to in subsection (a), and request production of documents to ensure the integrity and effectiveness of such agency. The district court may, at any time, remove from the approved list under subsection (a) a nonprofit budget and credit counseling agency upon finding such agency does not meet the qualifications of subsection (b).
|
||||
|
||||
(f) The United States trustee (or the bankruptcy administrator, if any) shall notify the clerk that a nonprofit budget and credit counseling agency or an instructional course is no longer approved, in which case the clerk shall remove it from the list maintained under subsection (a).
|
||||
|
||||
(g) (1) No nonprofit budget and credit counseling agency may provide to a credit reporting agency information concerning whether a debtor has received or sought instruction concerning personal financial management from such agency.
|
||||
|
||||
(2) A nonprofit budget and credit counseling agency that willfully or negligently fails to comply with any requirement under this title with respect to a debtor shall be liable for damages in an amount equal to the sum of—
|
||||
|
||||
(A) any actual damages sustained by the debtor as a result of the violation; and
|
||||
|
||||
(B) any court costs or reasonable attorneys’ fees (as determined by the court) incurred in an action to recover those damages.
|
||||
|
||||
(Added Pub. L. 109–8, title I, § 106(e)(1), Apr. 20, 2005, 119 Stat. 38; amended Pub. L. 111–327, § 2(a)(8), Dec. 22, 2010, 124 Stat. 3558.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (d)(1)(E). Pub. L. 111–327 substituted “; and” for period at end and realigned margin.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 2005 Amendment note under section 101 of this title.
|
||||
|
||||
Debtor Financial Management Training Test ProgramPub. L. 109–8, title I, § 105, Apr. 20, 2005, 119 Stat. 36, provided that the Director of the Executive Office for United States Trustees develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances, with 6 judicial districts used to test the program for 18 months beginning not later than 270 days after Apr. 20, 2005, and within 3 months after the conclusion of an evaluation, the Director should report to the Speaker of the House of Representatives and the President pro tempore of the Senate on the appropriate findings.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 112"
|
||||
description: "Prohibition on disclosure of name of minor children"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "1"
|
||||
chapter_name: "GENERAL PROVISIONS"
|
||||
section: "112"
|
||||
citation: "11 U.S.C. § 112"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 112 - Prohibition on disclosure of name of minor children
|
||||
|
||||
## Text
|
||||
|
||||
The debtor may be required to provide information regarding a minor child involved in matters under this title but may not be required to disclose in the public records in the case the name of such minor child. The debtor may be required to disclose the name of such minor child in a nonpublic record that is maintained by the court and made available by the court for examination by the United States trustee, the trustee, and the auditor (if any) serving under section 586(f) of title 28, in the case. The court, the United States trustee, the trustee, and such auditor shall not disclose the name of such minor child maintained in such nonpublic record.
|
||||
|
||||
(Added Pub. L. 109–8, title II, § 233(a), Apr. 20, 2005, 119 Stat. 74.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 2005 Amendment note under section 101 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1101"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "11 U.S.C. § 1101"
|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1101 - Definitions for this chapter
|
||||
|
||||
## Text
|
||||
|
||||
In this chapter—
|
||||
|
||||
(1) “debtor in possession” means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case;
|
||||
|
||||
(2) “substantial consummation” means—
|
||||
|
||||
(A) transfer of all or substantially all of the property proposed by the plan to be transferred;
|
||||
|
||||
(B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and
|
||||
|
||||
(C) commencement of distribution under the plan.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2626.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section contains definitions of three terms that are used in chapter 11. Paragraph (1) defines debtor in possession to mean the debtor, except when a trustee who has qualified in serving in the case. Paragraph (2), derived from section 229a of current law [section 629(a) of former title 11], defines substantial consummation. Substantial consummation of a plan occurs when transfer of all or substantially all of the property proposed by the plan to be transferred is actually transferred; when the debtor (or its successor) has assumed the business of the debtor or the management of all or substantially all of the property dealt with by the plan; and when distribution under the plan has commenced. Paragraph (3) defines for purposes of Chapter 11 a public company to mean “a debtor who, within 12 months prior to the filing of a petition for relief under this chapter, had outstanding liabilities of $5 million or more, exclusive of liabilities for goods, services, or taxes and not less than 1,000 security holders.” There are, as noted, special safeguards for public investors related to the reorganization of a public company, as so defined. Both requirements must be met: liabilities, excluding tax obligations and trade liabilities, must be $5 million or more; and (2) the number of holders of securities, debt or equity, or both, must be not less than 1,000. The amount and number are to be determined as of any time within 12 months prior to the filing of the petition for reorganization.
|
||||
@@ -0,0 +1,85 @@
|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1102 - Creditors’ and equity security holders’ committees
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Except as provided in paragraph (3), as soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate.
|
||||
|
||||
(2) On request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee.
|
||||
|
||||
(3) Unless the court for cause orders otherwise, a committee of creditors may not be appointed in a small business case or a case under subchapter V of this chapter.
|
||||
|
||||
(4) On request of a party in interest and after notice and a hearing, the court may order the United States trustee to change the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors or equity security holders. The court may order the United States trustee to increase the number of members of a committee to include a creditor that is a small business concern (as described in section 3(a)(1) of the Small Business Act), if the court determines that the creditor holds claims (of the kind represented by the committee) the aggregate amount of which, in comparison to the annual gross revenue of that creditor, is disproportionately large.
|
||||
|
||||
(b) (1) A committee of creditors appointed under subsection (a) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest claims against the debtor of the kinds represented on such committee, or of the members of a committee organized by creditors before the commencement of the case under this chapter, if such committee was fairly chosen and is representative of the different kinds of claims to be represented.
|
||||
|
||||
(2) A committee of equity security holders appointed under subsection (a)(2) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest amounts of equity securities of the debtor of the kinds represented on such committee.
|
||||
|
||||
(3) A committee appointed under subsection (a) shall—
|
||||
|
||||
(A) provide access to information for creditors who—
|
||||
|
||||
(i) hold claims of the kind represented by that committee; and
|
||||
|
||||
(ii) are not appointed to the committee;
|
||||
|
||||
(B) solicit and receive comments from the creditors described in subparagraph (A); and
|
||||
|
||||
(C) be subject to a court order that compels any additional report or disclosure to be made to the creditors described in subparagraph (A).
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2626; Pub. L. 98–353, title III, § 499, July 10, 1984, 98 Stat. 384; Pub. L. 99–554, title II, § 221, Oct. 27, 1986, 100 Stat. 3101; Pub. L. 103–394, title II, § 217(b), Oct. 22, 1994, 108 Stat. 4127; Pub. L. 109–8, title IV, §§ 405, 432(b), Apr. 20, 2005, 119 Stat. 105, 110; Pub. L. 116–54, § 4(a)(11), Aug. 23, 2019, 133 Stat. 1086.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1102(a) of the House amendment adopts a compromise between the House bill and Senate amendment requiring appointment of a committee of creditors holding unsecured claims by the court; the alternative of creditor committee election is rejected. Section 1102(b) of the House amendment represents a compromise between the House bill and the Senate amendment by preventing the appointment of creditors who are unwilling to serve on a creditors committee.
|
||||
|
||||
senate report no. 95–989This section provides for the election and appointment of committees. Subsection (c) provides that this section does not apply in case of a public company, as to which a trustee, appointed under section 1104(a) will have responsibility to administer the estate and to formulate a plan as provided in section 1106(a). There is no need for the election or appointment of committees for which the appointment of a trustee is mandatory. In the case of a public company there are likely to be several committees, each representing a different class of security holders and seeking authority to retain accountants, lawyers, and other experts, who will expect to be paid. If in the case of a public company creditors or stockholders wish to organize committees, they may do so, as authorized under section 1109(a). Compensation and reimbursement will be allowed for contributions to the reorganization pursuant to section 503(b) (3) and (4).
|
||||
|
||||
house report no. 95–595This section provides for the appointment of creditors’ and equity security holders’ committees, which will be the primary negotiating bodies for the formulation of the plan of reorganization. They will represent the various classes of creditors and equity security holders from which they are selected. They will also provide supervision of the debtor in possession and of the trustee, and will protect their constituents’ interests. Subsection (a) requires the court to appoint at least one committee. That committee is to be composed of creditors holding unsecured claims. The court is authorized to appoint such additional committees as are necessary to assure adequate representation of creditors and equity security holders. The provision will be relied upon in cases in which the debtor proposes to affect several classes of debt or equity holders under the plan, and in which they need representation. Subsection (b) contains precatory language directing the court to appoint the persons holding the seven largest claims against the debtor of the kinds represented on a creditors’ committee, or the members of a prepetition committee organized by creditors before the order for relief under chapter 11. The court may continue prepetition committee members only if the committee was fairly chosen and is representative of the different kinds of claims to be represented. The court is restricted to the appointment of persons in order to exclude governmental holders of claims or interests. Paragraph (2) of subsection (b) requires similar treatment for equity security holders’ committees. The seven largest holders are normally to be appointed, but the language is only precatory. Subsection (c) authorizes the court, on request of a party in interest, to change the size or the membership of a creditors’ or equity security holders’ committee if the membership of the committee is not representative of the different kinds of claims or interests to be represented. This subsection is intended, along with the nonbinding nature of subsection (b), to afford the court latitude in appointing a committee that is manageable and representative in light of the circumstances of the case.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 3(a)(1) of the Small Business Act, referred to in subsec. (a)(4), is classified to section 632(a)(1) of Title 15, Commerce and Trade.
|
||||
|
||||
Amendments2019—Subsec. (a)(3). Pub. L. 116–54 added par. (3) and struck out former par. (3) which read as follows: “On request of a party in interest in a case in which the debtor is a small business debtor and for cause, the court may order that a committee of creditors not be appointed.” 2005—Subsec. (a)(3). Pub. L. 109–8, § 432(b), inserted “debtor” after “small business”. Subsec. (a)(4). Pub. L. 109–8, § 405(a), added par. (4). Subsec. (b)(3). Pub. L. 109–8, § 405(b), added par. (3). 1994—Subsec. (a). Pub. L. 103–394 substituted “Except as provided in paragraph (3), as” for “As” in par. (1) and added par. (3). 1986—Subsec. (a). Pub. L. 99–554, § 221(1), amended subsec. (a) generally, substituting “chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate” for “this chapter, the court shall appoint a committee of creditors holding unsecured claims” in par. (1) and “United States trustee” for “court” in par. (2). Subsec. (c). Pub. L. 99–554, § 221(2), struck out subsec. (c) which read as follows: “On request of a party in interest and after notice and a hearing, the court may change the membership or the size of a committee appointed under subsection (a) of this section if the membership of such committee is not representative of the different kinds of claims or interests to be represented.” 1984—Subsec. (b)(1). Pub. L. 98–353 substituted “commencement of the case” for “order for relief”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentAmendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
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|
||||
---
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1103 - Powers and duties of committees
|
||||
|
||||
## Text
|
||||
|
||||
(a) At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present, and with the court’s approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents, to represent or perform services for such committee.
|
||||
|
||||
(b) An attorney or accountant employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest.
|
||||
|
||||
(c) A committee appointed under section 1102 of this title may—
|
||||
|
||||
(1) consult with the trustee or debtor in possession concerning the administration of the case;
|
||||
|
||||
(2) investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;
|
||||
|
||||
(3) participate in the formulation of a plan, advise those represented by such committee of such committee’s determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan;
|
||||
|
||||
(4) request the appointment of a trustee or examiner under section 1104 of this title; and
|
||||
|
||||
(5) perform such other services as are in the interest of those represented.
|
||||
|
||||
(d) As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2627; Pub. L. 98–353, title III, §§ 324, 500, July 10, 1984, 98 Stat. 358, 384.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section defines the powers and duties of a committee elected or appointed under section 1102. Under subsection (a) the committee may, if authorized by the court, employ one or more attorneys, accountants, or other agents to represent or perform services for the committee. Normally one attorney should suffice; more than one may be authorized for good cause. The same considerations apply to the services of others, if the need for any at all is demonstrated. Under subsections (c) and (d) the committee, like any party in interest, may confer with the trustee or debtor regarding the administration of the estate; may advise the court on the need for a trustee under section 1104(b). The committee may investigate matters specified in paragraph (2) of subsection (c), but only if authorized by the court and if no trustee or examiner is appointed.
|
||||
|
||||
house report no. 95–595Subsection (a) of this section authorizes a committee appointed under section 1102 to select and authorize the employment of counsel, accountants, or other agents, to represent or perform services for the committee. The committee’s selection and authorization is subject to the court’s approval, and may only be done at a meeting of the committee at which a majority of its members are present. The subsection provides for the employment of more than one attorney. However, this will be the exception, and not the rule; cause must be shown to depart from the normal standard. Subsection (b) requires a committee’s counsel to cease representation of any other entity in connection with the case after he begins to represent the committee. This will prevent the potential of severe conflicts of interest. Subsection (c) lists a committee’s functions in a chapter 11 case. The committee may consult with the trustee or debtor in possession concerning the administration of the case, may investigate the acts, conduct, assets, liabilities and financial condition of the debtor, the operation of the debtor’s business, and the desirability of the continuance of the business, and any other matter relevant to the case or to the formulation of a plan. The committee may participate in the formulation of a plan, advise those it represents of the committee’s recommendation with respect to any plan formulated, and collect and file acceptances. These will be its most important functions. The committee may also determine the need for the appointment of a trustee, if one has not previously been appointed, and perform such other services as are in the interest of those represented. Subsection (d) requires the trustee and each committee to meet as soon as practicable after their appointments to transact such business as may be necessary and proper.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (b). Pub. L. 98–353, §§ 324, 500(a), substituted “An attorney or accountant” for “A person”, substituted “entity having an adverse interest” for “entity”, and inserted provision that representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest. Subsec. (c)(3). Pub. L. 98–353, § 500(b)(1), substituted “determinations” for “recommendations”, and “acceptances or rejections” for “acceptances”. Subsec. (c)(4). Pub. L. 98–353, § 500(b)(2), struck out “if a trustee or examiner, as the case may be, has not previously been appointed under this chapter in the case” after “section 1104 of this title”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1104 - Appointment of trustee or examiner
|
||||
|
||||
## Text
|
||||
|
||||
(a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee—
|
||||
|
||||
(1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or
|
||||
|
||||
(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor.
|
||||
|
||||
(b) (1) Except as provided in section 1163 of this title, on the request of a party in interest made not later than 30 days after the court orders the appointment of a trustee under subsection (a), the United States trustee shall convene a meeting of creditors for the purpose of electing one disinterested person to serve as trustee in the case. The election of a trustee shall be conducted in the manner provided in subsections (a), (b), and (c) of section 702 of this title.
|
||||
|
||||
(2) (A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election.
|
||||
|
||||
(B) Upon the filing of a report under subparagraph (A)—
|
||||
|
||||
(i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section; and
|
||||
|
||||
(ii) the service of any trustee appointed under subsection (a) shall terminate.
|
||||
|
||||
(C) The court shall resolve any dispute arising out of an election described in subparagraph (A).
|
||||
|
||||
(c) If the court does not order the appointment of a trustee under this section, then at any time before the confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of an examiner to conduct such an investigation of the debtor as is appropriate, including an investigation of any allegations of fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the management of the affairs of the debtor of or by current or former management of the debtor, if—
|
||||
|
||||
(1) such appointment is in the interests of creditors, any equity security holders, and other interests of the estate; or
|
||||
|
||||
(2) the debtor’s fixed, liquidated, unsecured debts, other than debts for goods, services, or taxes, or owing to an insider, exceed $5,000,000.
|
||||
|
||||
(d) If the court orders the appointment of a trustee or an examiner, if a trustee or an examiner dies or resigns during the case or is removed under section 324 of this title, or if a trustee fails to qualify under section 322 of this title, then the United States trustee, after consultation with parties in interest, shall appoint, subject to the court’s approval, one disinterested person other than the United States trustee to serve as trustee or examiner, as the case may be, in the case.
|
||||
|
||||
(e) The United States trustee shall move for the appointment of a trustee under subsection (a) if there are reasonable grounds to suspect that current members of the governing body of the debtor, the debtor’s chief executive or chief financial officer, or members of the governing body who selected the debtor’s chief executive or chief financial officer, participated in actual fraud, dishonesty, or criminal conduct in the management of the debtor or the debtor’s public financial reporting.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2627; Pub. L. 99–554, title II, § 222, Oct. 27, 1986, 100 Stat. 3102; Pub. L. 103–394, title II, § 211(a), title V, § 501(d)(30), Oct. 22, 1994, 108 Stat. 4125, 4146; Pub. L. 109–8, title IV, §§ 416, 442(b), title XIV, § 1405, Apr. 20, 2005, 119 Stat. 107, 116, 215; Pub. L. 111–327, § 2(a)(30), Dec. 22, 2010, 124 Stat. 3560.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1104 of the House amendment represents a compromise between the House bill and the Senate amendment concerning the appointment of a trustee or examiner. The method of appointment rather than election, is derived from the House bill; the two alternative standards of appointment are derived with modifications from the Senate amendment, instead of the standard stated in the House bill. For example, if the current management of the debtor gambled away rental income before the filing of the petition, a trustee should be appointed after the petition, whether or not postpetition mismanagement can be shown. However, under no circumstances will cause include the number of security holders of the debtor or the amount of assets or liabilities of the debtor. The standard also applies to the appointment of an examiner in those circumstances in which mandatory appointment, as previously detailed, is not required.
|
||||
|
||||
senate report no. 95–989Subsection (a) provides for the mandatory appointment of a disinterested trustee in the case of a public company, as defined in section 1101(3), within 10 days of the order for relief, or of a successor, in the event of a vacancy, as soon as practicable. Section 156 of chapter X ([former] 11 U.S.C. 516 [556]) requires the appointment of a disinterested trustee if the debtor’s liabilities are $250,000 or over. Section 1104(a) marks a substantial change. The appointment of a trustee is mandatory only for a public company, which under section 1101(3), has $5 million in liabilities, excluding tax and trade obligations, and 1,000 security holders. In view of past experience, cases involving public companies will under normal circumstances probably be relatively few in number but of vast importance in terms of public investor interest. In case of a nonpublic company, the appointment or election of a trustee is discretionary if the interests of the estate and its security holders would be served thereby. A test based on probable costs and benefits of a trusteeship is not practical. The appointment may be made at any time prior to confirmation of the plan. In case of a nonpublic company, if no trustee is appointed, the court may under subsection (c) appoint an examiner, if the appointment would serve the interests of the estate and security holders. The purpose of his appointment is specified in section 1106(b).
|
||||
|
||||
house report no. 95–595Subsection (a) of this section governs the appointment of trustees in reorganization cases. The court is permitted to order the appointment of one trustee at any time after the commencement of the case if a party in interest so requests. The court may order appointment only if the protection afforded by a trustee is needed and the costs and expenses of a trustee would not be disproportionately higher than the value of the protection afforded. The protection afforded by a trustee would be needed, for example, in cases where the current management of the debtor has been fraudulent or dishonest, or has grossly mismanaged the company, or where the debtor’s management has abandoned the business. A trustee would not necessarily be needed to investigate misconduct of former management of the debtor, because an examiner appointed under this section might well be able to serve that function adequately without displacing the current management. Generally, a trustee would not be needed in any case where the protection afforded by a trustee could equally be afforded by an examiner. Though the device of examiner appears in current chapter X [chapter 10 of former title 11], it is rarely used because of the nearly absolute presumption in favor of the appointment of a trustee. Its use here will give the courts, debtors, creditors, and equity security holders greater flexibility in handling the affairs of an insolvent debtor, permitting the court to tailor the remedy to the case. The second test, relating to the costs and expenses of a trustee, is not intended to be a strict cost/benefit analysis. It is included to require the court to have due regard for any additional costs or expenses that the appointment of a trustee would impose on the estate. Subsection (b) permits the court, at any time after the commencement of the case and on request of a party in interest, to order the appointment of an examiner, if the court has not ordered the appointment of a trustee. The examiner would be appointed to conduct such an investigation of the debtor as is appropriate under the particular circumstances of the case, including an investigation of any allegations of fraud, dishonesty, or gross mismanagement of the debtor of or by current or former management of the debtor. The standards for the appointment of an examiner are the same as those for the appointment of a trustee: the protection must be needed, and the costs and expenses must not be disproportionately high. By virtue of proposed 11 U.S.C. 1109, an indenture trustee and the Securities and Exchange Commission will be parties in interest for the purpose of requesting the appointment of a trustee or examiner. Subsection (c) directs that the United States trustee actually select and appoint the trustee or examiner ordered appointed under this section. The United States trustee is required to consult with various parties in interest before selecting and appointing a trustee. He is not bound to select one of the members of the panel of private trustees established under proposed 28 U.S.C. 586(a)(1) which exists only for the purpose of providing trustees for chapter 7 cases. Neither is he precluded from selecting a panel member if the member is qualified to serve as chapter 11 trustee. Appointment by the United States trustee will remove the court from the often criticized practice of appointing an officer that will appear in litigation before the court against an adverse party.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (a). Pub. L. 111–327, § 2(a)(30)(A), inserted “or” at end of par. (1), substituted a period for “; or” at end of par. (2), and struck out par. (3) which read as follows: “if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate.” Subsec. (b)(2)(B)(ii). Pub. L. 111–327, § 2(a)(30)(B), substituted “subsection (a)” for “subsection (d)”. 2005—Subsec. (a)(3). Pub. L. 109–8, § 442(b), added par. (3). Subsec. (b). Pub. L. 109–8, § 416, designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 109–8, § 1405, added subsec. (e). 1994—Subsec. (b). Pub. L. 103–394, § 211(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 103–394, § 211(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 103–394, §§ 211(a)(1), 501(d)(30), redesignated subsec. (c) as (d) and inserted comma after “interest”. 1986—Subsecs. (a), (b). Pub. L. 99–554, § 222(1), (2), inserted “or the United States trustee” after “party in interest”. Subsec. (c). Pub. L. 99–554, § 222(3), substituted “the United States trustee, after consultation with parties in interest shall appoint, subject to the court’s approval, one disinterested person other than the United States trustee to serve” for “the court shall appoint one disinterested person to serve”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1405 of Pub. L. 109–8 effective Apr. 20, 2005, and applicable only with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1406 of Pub. L. 109–8, set out as a note under section 507 of this title. Amendment by sections 416 and 442(b) 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1105"
|
||||
description: "Termination of trustee’s appointment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1105"
|
||||
citation: "11 U.S.C. § 1105"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1105"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "1496679f940e9f831a03cd0cea3b9e54332244a277a2a723276e189b9826847e"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "e79b2229f2de8871aa7f232b3dc2d1014fab46762c34babb5060a3da62e6e78a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1105 - Termination of trustee’s appointment
|
||||
|
||||
## Text
|
||||
|
||||
At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee’s appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor’s business.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, § 501, July 10, 1984, 98 Stat. 384; Pub. L. 99–554, title II, § 223, Oct. 27, 1986, 100 Stat. 3102.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section authorizes the court to terminate the trustee’s appointment and to restore the debtor to possession and management of the property of the estate and to operation of the debtor’s business. Section 1104(a) provides that this section does not apply in the case of a public company, for which the appointment of a trustee is mandatory.
|
||||
|
||||
house report no. 95–595This section authorizes the court to terminate the trustee’s appointment and to restore the debtor to possession and management of the property of the estate, and to operation of the debtor’s business. This section would permit the court to reverse its decision to order the appointment of a trustee in light of new evidence.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Pub. L. 99–554 inserted “or the United States trustee” after “party in interest”. 1984—Pub. L. 98–353 substituted “estate and of the” for “estate, and”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,109 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1106"
|
||||
description: "Duties of trustee and examiner"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1106"
|
||||
citation: "11 U.S.C. § 1106"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1106"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "7e8a27784f51830833ddceb14f55d899bb7d7b4a25184f977f30fe91e18839f4"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
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text_hash: "1fe15ee5e11f43835223b1b2bb576eed120fef16fff4fed3839425b2f029a90b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1106 - Duties of trustee and examiner
|
||||
|
||||
## Text
|
||||
|
||||
(a) A trustee shall—
|
||||
|
||||
(1) perform the duties of the trustee, as specified in paragraphs (2), (5), (7), (8), (9), (10), (11), and (12) of section 704(a);
|
||||
|
||||
(2) if the debtor has not done so, file the list, schedule, and statement required under section 521(a)(1) of this title;
|
||||
|
||||
(3) except to the extent that the court orders otherwise, investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;
|
||||
|
||||
(4) as soon as practicable—
|
||||
|
||||
(A) file a statement of any investigation conducted under paragraph (3) of this subsection, including any fact ascertained pertaining to fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the management of the affairs of the debtor, or to a cause of action available to the estate; and
|
||||
|
||||
(B) transmit a copy or a summary of any such statement to any creditors’ committee or equity security holders’ committee, to any indenture trustee, and to such other entity as the court designates;
|
||||
|
||||
(5) as soon as practicable, file a plan under section 1121 of this title, file a report of why the trustee will not file a plan, or recommend conversion of the case to a case under chapter 7, 12, or 13 of this title or dismissal of the case;
|
||||
|
||||
(6) for any year for which the debtor has not filed a tax return required by law, furnish, without personal liability, such information as may be required by the governmental unit with which such tax return was to be filed, in light of the condition of the debtor’s books and records and the availability of such information;
|
||||
|
||||
(7) after confirmation of a plan, file such reports as are necessary or as the court orders; and
|
||||
|
||||
(8) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).
|
||||
|
||||
(b) An examiner appointed under section 1104(d) of this title shall perform the duties specified in paragraphs (3) and (4) of subsection (a) of this section, and, except to the extent that the court orders otherwise, any other duties of the trustee that the court orders the debtor in possession not to perform.
|
||||
|
||||
(c) (1) In a case described in subsection (a)(8) to which subsection (a)(8) applies, the trustee shall—
|
||||
|
||||
(A) (i) provide written notice to the holder of the claim described in subsection (a)(8) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and
|
||||
|
||||
(ii) include in the notice required by clause (i) the address and telephone number of such State child support enforcement agency;
|
||||
|
||||
(B) (i) provide written notice to such State child support enforcement agency of such claim; and
|
||||
|
||||
(ii) include in the notice required by clause (i) the name, address, and telephone number of such holder; and
|
||||
|
||||
(C) at such time as the debtor is granted a discharge under section 1141, provide written notice to such holder and to such State child support enforcement agency of—
|
||||
|
||||
(i) the granting of the discharge;
|
||||
|
||||
(ii) the last recent known address of the debtor;
|
||||
|
||||
(iii) the last recent known name and address of the debtor’s employer; and
|
||||
|
||||
(iv) the name of each creditor that holds a claim that—
|
||||
|
||||
(I) is not discharged under paragraph (2), (4), or (14A) of section 523(a); or
|
||||
|
||||
(II) was reaffirmed by the debtor under section 524(c).
|
||||
|
||||
(2) (A) The holder of a claim described in subsection (a)(8) or the State child enforcement support agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.
|
||||
|
||||
(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making such disclosure.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §§ 311(b)(1), 502, July 10, 1984, 98 Stat. 355, 384; Pub. L. 99–554, title II, § 257(c), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 103–394, title II, § 211(b), Oct. 22, 1994, 108 Stat. 4125; Pub. L. 109–8, title II, § 219(b), title IV, § 446(c), title XI, § 1105(b), Apr. 20, 2005, 119 Stat. 56, 118, 192; Pub. L. 111–327, § 2(a)(31), Dec. 22, 2010, 124 Stat. 3560.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Subsection (a) of this section prescribes the trustee’s duties. He is required to perform the duties of a trustee in a liquidation case specified in section 704 (2), (4), (6), (7), (8), and (9). These include reporting and informational duties, and accountability for all property received. Paragraph (2) of this subsection requires the trustee to file with the court, if the debtor has not done so, the list of creditors, schedule of assets and liabilities, and statement of affairs required under section 521(1). Paragraph (3) of S. 1106 requires the trustee to investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business, and the desirability of the continuance of the business, and any other matter relevant to the case or to the formulation of a plan. Paragraph (4) requires the trustee to report the results of his investigation to the court and to creditors’ committees, equity security holders’ committees, indenture trustees and any other entity the court designates. Paragraph (5) requires the trustee to file a plan or to report why a plan cannot be formulated, or to recommend conversion to liquidation or to an individual repayment plan case, or dismissal. It is anticipated that the trustee will consult with creditors and other parties in interest in the formulation of a plan, just as the debtor in possession would. Paragraph (6) [enacted as (7)] requires final reports by the trustee, as the court orders. Subsection (b) gives the trustee’s investigative duties to an examiner, if one is appointed. The court is authorized to give the examiner additional duties as the circumstances warrant. Paragraphs (3), (4), and (5) of subsection (a) are derived from sections 165 and 169 of chapter X [sections 565 and 569 of former title 11].
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSections 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments2010—Subsec. (a)(1). Pub. L. 111–327, § 2(a)(31)(A), substituted “704(a)” for “704”. Subsec. (a)(2). Pub. L. 111–327, § 2(a)(31)(B), substituted “521(a)(1)” for “521(1)”. 2005—Subsec. (a)(1). Pub. L. 109–8, § 1105(b), substituted “(11), and (12)” for “and (11)”. Pub. L. 109–8, § 446(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “perform the duties of a trustee specified in sections 704(2), 704(5), 704(7), 704(8), and 704(9) of this title;”. Subsec. (a)(8). Pub. L. 109–8, § 219(b)(1), added par. (8). Subsec. (c). Pub. L. 109–8, § 219(b)(2), added subsec. (c). 1994—Subsec. (b). Pub. L. 103–394 substituted “1104(d)” for “1104(c)”. 1986—Subsec. (a)(5). Pub. L. 99–554 inserted reference to chapter 12. 1984—Subsec. (a)(1). Pub. L. 98–353, § 311(b)(1), substituted “704(5), 704(7), 704(8), and 704(9)” for “704(4), 704(6), 704(7) and 704(8)”. Subsec. (b). Pub. L. 98–353, § 502, inserted “, except to the extent that the court orders otherwise,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
|
||||
Payment of Certain Benefits to Retired Former EmployeesPub. L. 99–500, § 101(b) [title VI, § 608], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VI, § 608], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74, as amended by Pub. L. 100–41, May 15, 1987, 101 Stat. 309; Pub. L. 100–99, Aug. 18, 1987, 101 Stat. 716; Pub. L. 100–334, § 3(a), June 16, 1988, 102 Stat. 613, provided that: “(a)(1) Subject to paragraphs (2), (3), (4), and (5), and notwithstanding title 11 of the United States Code, the trustee shall pay benefits to retired former employees under a plan, fund, or program maintained or established by the debtor prior to filing a petition (through the purchase of insurance or otherwise) for the purpose of providing medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death. “(2) The level of benefits required to be paid by this subsection may be modified prior to confirmation of a plan under section 1129 of such title if—“(A) the trustee and an authorized representative of the former employees with respect to whom such benefits are payable agree to the modification of such benefit payments; or “(B) the court finds that a modification proposed by the trustee meets the standards of section 1113(b)(1)(A) of such title and the balance of the equities clearly favors the modification. If such benefits are covered by a collective bargaining agreement, the authorized representative shall be the labor organization that is signatory to such collective bargaining agreement unless there is a conflict of interest. “(3) The trustee shall pay benefits in accordance with this subsection until—“(A) the dismissal of the case involved; or “(B) the effective date of a plan confirmed under section 1129 of such title which provides for the continued payment after confirmation of the plan of all such benefits at the level established under paragraph (2) of this subsection, at any time prior to the confirmation of the plan, for the duration of the period the debtor (as defined in such title) has obligated itself to provide such benefits. “(4) No such benefits paid between the filing of a petition in a case covered by this section and the time a plan confirmed under section 1129 of such title with respect to such case becomes effective shall be deducted or offset from the amount allowed as claims for any benefits which remain unpaid, or from the amount to be paid under the plan with respect to such claims for unpaid benefits, whether such claims for unpaid benefits are based upon or arise from a right to future benefits or from any benefit not paid as a result of modifications allowed pursuant to this section. “(5) No claim for benefits covered by this section shall be limited by section 502(b)(7) of such title. “(b)(1) Notwithstanding any provision of title 11 of the United States Code, the trustee shall pay an allowable claim of any person for a benefit paid—“(A) before the filing of the petition under title 11 of the United States Code; and “(B) directly or indirectly to a retired former employee under a plan, fund, or program described in subsection (a)(1); if, as determined by the court, such person is entitled to recover from such employee, or any provider of health care to such employee, directly or indirectly, the amount of such benefit for which such person receives no payment from the debtor. “(2) For purposes of paragraph (1), the term ‘provider of health care’ means a person who—“(A) is the direct provider of health care (including a physician, dentist, nurse, podiatrist, optometrist, physician assistant, or ancillary personnel employed under the supervision of a physician); or “(B) administers a facility or institution (including a hospital, alcohol and drug abuse treatment facility, outpatient facility, or health maintenance organization) in which health care is provided. “(c) This section is effective with respect to cases commenced under chapter 11, of title 11, United States Code, in which a plan for reorganization has not been confirmed by the court and in which any such benefit is still being paid on October 2, 1986, and in cases that become subject to chapter 11, title 11, United States Code, after October 2, 1986 and before the date of the enactment of the Retiree Benefits Bankruptcy Protection Act of 1988 [June 16, 1988]. “(d) This section shall not apply during any period in which a case is subject to chapter 7, title 11, United States Code.” Similar provisions were contained in Pub. L. 99–656, § 2, Nov. 14, 1986, 100 Stat. 3668, as amended by Pub. L. 100–41, May 15, 1987, 101 Stat. 309; Pub. L. 100–99, Aug. 18, 1987, 101 Stat. 716, and were repealed by Pub. L. 100–334, § 3(b), June 16, 1988, 102 Stat. 614.
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "11 U.S.C. § 1107"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1107 - Rights, powers, and duties of debtor in possession
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.
|
||||
|
||||
(b) Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title by a debtor in possession solely because of such person’s employment by or representation of the debtor before the commencement of the case.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, § 503, July 10, 1984, 98 Stat. 384.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsThe House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.
|
||||
|
||||
senate report no. 95–989This section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (a). Pub. L. 98–353 substituted “on a trustee serving in a case” for “on a trustee”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1108 - Authorization to operate business
|
||||
|
||||
## Text
|
||||
|
||||
Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may operate the debtor’s business.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629; Pub. L. 98–353, title III, § 504, July 10, 1984, 98 Stat. 384.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsThe House amendment adopts section 1108 of the House bill in preference to the style of an identical substantive provision contained in the Senate amendment. Throughout title 11 references to a “trustee” is read to include other parties under various sections of the bill. For example, section 1107 applies to give the debtor in possession all the rights and powers of a trustee in a case under chapter 11; this includes the power of the trustee to operate the debtor’s business under section 1108.
|
||||
|
||||
senate report no. 95–989This section permits the debtor’s business to continue to be operated, unless the court orders otherwise. Thus, in a reorganization case, operation of the business will be the rule, and it will not be necessary to go to the court to obtain an order authorizing operation.
|
||||
|
||||
house report no. 95–595This section does not presume that a trustee will be appointed to operate the business of the debtor. Rather, the power granted to trustee under this section is one of the powers that a debtor in possession acquires by virtue of proposed 11 U.S.C. 1107.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Pub. L. 98–353 inserted “, on request of a party in interest and after notice and a hearing,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1109 - Right to be heard
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Securities and Exchange Commission may raise and may appear and be heard on any issue in a case under this chapter, but the Securities and Exchange Commission may not appeal from any judgment, order, or decree entered in the case.
|
||||
|
||||
(b) A party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may raise and may appear and be heard on any issue in a case under this chapter.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629; Pub. L. 119–27, § 11(f), July 18, 2025, 139 Stat. 458.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendment of SectionPub. L. 119–27, §§ 11(f), 20, July 18, 2025, 139 Stat. 458, 466, provided that, effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 119–27, this section is amended by adding at the end the following: (c) The Comptroller of the Currency or State payment stablecoin regulator (as defined in section 2 of the GENIUS Act) shall raise, and shall appear and be heard on, any issue, including the protection of customers, in a case under this chapter in which the debtor is a permitted payment stablecoin issuer. See 2025 Amendment note below.
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1109 of the House amendment represents a compromise between comparable provisions in the House bill and Senate amendment. As previously discussed the section gives the Securities and Exchange Commission the right to appear and be heard and to raise any issue in a case under chapter 11; however, the Securities and Exchange Commission is not a party in interest and the Commission may not appeal from any judgment, order, or decree entered in the case. Under section 1109(b) a party in interest, including the debtor, the trustee, creditors committee, equity securities holders committee, a creditor, an equity security holder, or an indentured trustee, may raise and may appear and be heard on any issue in a case under chapter 11. Section 1109(c) of the Senate amendment has been moved to subchapter IV pertaining to Railroad Reorganizations.
|
||||
|
||||
senate report no. 95–989Subsection (a) provides, in unqualified terms, that any creditor, equity security holder, or an indenture trustee shall have the right to be heard as a party in interest under this chapter in person, by an attorney, or by a committee. It is derived from section 206 of chapter X ([former] 11 U.S.C. 606). Subsection (b) provides that the Securities and Exchange Commission may appear by filing an appearance in a case of a public company and may appear in other cases if authorized or requested by the court. As a party in interest in either case, the Commission may raise and be heard on any issue. The Commission may not appeal from a judgment, order, or decree in a case, but may participate in any appeal by any other party in interest. This is the present law under section 208 of chapter X ([former] 11 U.S.C. 608).
|
||||
|
||||
house report no. 95–595Section 1109 authorizes the Securities and Exchange Commission and any indenture trustee to intervene in the case at any time on any issue. They may raise an issue or may appear and be heard on an issue that is raised by someone else. The section, following current law, denies the right of appeal to the Securities and Exchange Commission. It does not, however, prevent the Commission from joining or participating in an appeal taken by a true party in interest. The Commission is merely prevented from initiating the appeal in any capacity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (c). Pub. L. 119–27 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentAmendment by Pub. L. 119–27 effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 119–27, see section 20 of Pub. L. 119–27, set out as an Effective Date note under section 5901 of Title 12, Banks and Banking.
|
||||
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|
||||
---
|
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||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1110 - Aircraft equipment and vessels
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court.
|
||||
|
||||
(2) The right to take possession and to enforce the other rights and remedies described in paragraph (1) shall be subject to section 362 if—
|
||||
|
||||
(A) before the date that is 60 days after the date of the order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and
|
||||
|
||||
(B) any default, other than a default of a kind specified in section 365(b)(2), under such security agreement, lease, or conditional sale contract—
|
||||
|
||||
(i) that occurs before the date of the order is cured before the expiration of such 60-day period;
|
||||
|
||||
(ii) that occurs after the date of the order and before the expiration of such 60-day period is cured before the later of—
|
||||
|
||||
(I) the date that is 30 days after the date of the default; or
|
||||
|
||||
(II) the expiration of such 60-day period; and
|
||||
|
||||
(iii) that occurs on or after the expiration of such 60-day period is cured in compliance with the terms of such security agreement, lease, or conditional sale contract, if a cure is permitted under that agreement, lease, or contract.
|
||||
|
||||
(3) The equipment described in this paragraph—
|
||||
|
||||
(A) is—
|
||||
|
||||
(i) an aircraft, aircraft engine, propeller, appliance, or spare part (as defined in section 40102 of title 49) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that, at the time such transaction is entered into, holds an air carrier operating certificate issued pursuant to chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 pounds or more of cargo; or
|
||||
|
||||
(ii) a vessel documented under chapter 121 of title 46 that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that is a water carrier that, at the time such transaction is entered into, holds a certificate of public convenience and necessity or permit issued by the Department of Transportation; and
|
||||
|
||||
(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, to be surrendered or returned by the debtor in connection with the surrender or return of such equipment.
|
||||
|
||||
(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party.
|
||||
|
||||
(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the approval of the court, to extend the 60-day period specified in subsection (a)(1).
|
||||
|
||||
(c) (1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(3), if at any time after the date of the order for relief under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession to the trustee.
|
||||
|
||||
(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(3), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected.
|
||||
|
||||
(d) With respect to equipment first placed in service on or before October 22, 1994, for purposes of this section—
|
||||
|
||||
(1) the term “lease” includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and
|
||||
|
||||
(2) the term “security interest” means a purchase-money equipment security interest.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629; Pub. L. 103–272, § 5(c), July 5, 1994, 108 Stat. 1373; Pub. L. 103–394, title II, § 201(a), Oct. 22, 1994, 108 Stat. 4119; Pub. L. 106–181, title VII, § 744(b), Apr. 5, 2000, 114 Stat. 177; Pub. L. 109–304, § 17(b)(2), Oct. 6, 2006, 120 Stat. 1707.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1110 of the House amendment adopts an identical provision contained in the House bill without modifications contained in the Senate amendment. This section protects a limited class of financiers of aircraft and vessels and is intended to be narrowly construed to prevent secured parties or lessors from gaining the protection of the section unless the interest of such lessor or secured party is explicitly enumerated therein. It should be emphasized that under section 1110(a) a debtor in possession or trustee is given 60 days after the order for relief in a case under chapter 11, to have an opportunity to comply with the provisions of section 1110(a). During this time the automatic stay will apply and may not be lifted prior to the expiration of the 60-day period. Under section 1110(b), the debtor and secured party or lessor are given an opportunity to extend the 60-day period, but no right to reduce the period is intended. It should additionally be noted that under section 1110(a) the trustee or debtor in possession is not required to assume the executory contract or unexpired lease under section 1110; rather, if the trustee or debtor in possession complies with the requirements of section 1110(a), the trustee or debtor in possession is entitled to retain the aircraft or vessels subject to the normal requirements of section 365. The discussion regarding aircraft and vessels likewise applies with respect to railroad rolling stock in a railroad reorganization under section 1168.
|
||||
|
||||
senate report no. 95–989This section, to a large degree, preserves the protection given lessors and conditional vendors of aircraft to a certificated air carrier or of vessels to a certificated water carrier under section 116(5) and 116(6) of present Chapter X [section 516(5) and (6) of former title 11]. It is modified to conform with the consolidation of Chapters X and XI [chapters 10 and 11 of former title 11] and with the new chapter 11 generally. It is also modified to give the trustee in a reorganization case an opportunity to continue in possession of the equipment in question by curing defaults and by making the required lease or purchase payments. This removes the absolute veto power over a reorganization that lessors and conditional vendors have under present law, while entitling them to protection of their investment. The section overrides the automatic stay or any power of the court to enjoin taking of possession of certain leased, conditionally sold, or liened equipment, unless, the trustee agrees to perform the debtor’s obligations and cures all prior defaults (other than defaults under ipso facto or bankruptcy clauses) within 60 days after the order for relief. The trustee and the equipment financer are permitted to extend the 60-day period by agreement. During the first 60 days, the automatic stay will apply to prevent foreclosure unless the creditor gets relief from the stay. The effect of this section will be the same if the debtor has granted the security interest to the financer or if the debtor is leasing equipment from a financer that has leveraged the lease and leased the equipment subject to a security interest of a third party.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (a)(3)(A)(ii). Pub. L. 109–304 substituted “vessel documented under chapter 121 of title 46” for “documented vessel (as defined in section 30101(1) of title 46)”. 2000—Pub. L. 106–181 amended section catchline and text generally, substituting present provisions consisting of subsecs. (a) to (d) for former subsecs. (a) to (c) which contained somewhat similar provisions. 1994—Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “(a) The right of a secured party with a purchase-money equipment security interest in, or of a lessor or conditional vendor of, whether as trustee or otherwise, aircraft, aircraft engines, propellers, appliances, or spare parts, as defined in section 40102(a) of title 49, or vessels of the United States, as defined in section 30101 of title 46, that are subject to a purchase-money equipment security interest granted by, leased to, or conditionally sold to, a debtor that is an air carrier operating under a certificate of convenience and necessity issued by the Secretary of Transportation, or a water carrier that holds a certificate of public convenience and necessity or permit issued by the Interstate Commerce Commission, as the case may be, to take possession of such equipment in compliance with the provisions of a purchase-money equipment security agreement, lease, or conditional sale contract, as the case may be, is not affected by section 362 or 363 of this title or by any power of the court to enjoin such taking of possession, unless— “(1) before 60 days after the date of the order for relief under this chapter, the trustee, subject to the court’s approval, agrees to perform all obligations of the debtor that become due on or after such date under such security agreement, lease, or conditional sale contract, as the case may be; and “(2) any default, other than a default of a kind specified in section 365(b)(2) of this title, under such security agreement, lease, or conditional sale contract, as the case may be— “(A) that occurred before such date is cured before the expiration of such 60-day period; and “(B) that occurs after such date is cured before the later of— “(i) 30 days after the date of such default; and “(ii) the expiration of such 60-day period. “(b) The trustee and the secured party, lessor, or conditional vendor, as the case may be, whose right to take possession is protected under subsection (a) of this section may agree, subject to the court’s approval, to extend the 60-day period specified in subsection (a)(1) of this section.” Subsec. (a). Pub. L. 103–272 substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)”, “section 30101 of title 46” for “subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 911(4))”, and “Secretary of Transportation” for “Civil Aeronautics Board”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of Title 49, Transportation.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, with this section, as amended by section 201 of Pub. L. 103–394, applicable with respect to any lease, as defined by subsec. (c) of this section, entered into in connection with a settlement of any proceeding in any case pending under this title on Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Abolition of Interstate Commerce Commission and Transfer of Functions Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.
|
||||
|
||||
Aircraft Equipment Settlement LeasesPub. L. 103–7, Mar. 17, 1993, 107 Stat. 36, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Aircraft Equipment Settlement Leases Act of 1993’. “SEC. 2. TREATMENT OF AIRCRAFT EQUIPMENT SETTLEMENT LEASES WITH THE PENSION BENEFIT GUARANTY CORPORATION.“In the case of any settlement of liability under title IV of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1301 et seq.] entered into by the Pension Benefit Guaranty Corporation and one or more other parties, if—“(1) such settlement was entered into before, on, or after the date of the enactment of this Act [Mar. 17, 1993], “(2) at least one party to such settlement was a debtor under title 11 of the United States Code, and “(3) an agreement that is entered into as part of such settlement provides that such agreement is to be treated as a lease, then such agreement shall be treated as a lease for purposes of section 1110 of such title 11.”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1111"
|
||||
description: "Claims and interests"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1111"
|
||||
citation: "11 U.S.C. § 1111"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1111 - Claims and interests
|
||||
|
||||
## Text
|
||||
|
||||
(a) A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules filed under section 521(a)(1) or 1106(a)(2) of this title, except a claim or interest that is scheduled as disputed, contingent, or unliquidated.
|
||||
|
||||
(b) (1) (A) A claim secured by a lien on property of the estate shall be allowed or disallowed under section 502 of this title the same as if the holder of such claim had recourse against the debtor on account of such claim, whether or not such holder has such recourse, unless—
|
||||
|
||||
(i) the class of which such claim is a part elects, by at least two-thirds in amount and more than half in number of allowed claims of such class, application of paragraph (2) of this subsection; or
|
||||
|
||||
(ii) such holder does not have such recourse and such property is sold under section 363 of this title or is to be sold under the plan.
|
||||
|
||||
(B) A class of claims may not elect application of paragraph (2) of this subsection if—
|
||||
|
||||
(i) the interest on account of such claims of the holders of such claims in such property is of inconsequential value; or
|
||||
|
||||
(ii) the holder of a claim of such class has recourse against the debtor on account of such claim and such property is sold under section 363 of this title or is to be sold under the plan.
|
||||
|
||||
(2) If such an election is made, then notwithstanding section 506(a) of this title, such claim is a secured claim to the extent that such claim is allowed.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2630; Pub. L. 111–327, § 2(a)(32), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsA discussion of section 1111(b) of the House amendment is best considered in the context of confirmation and will therefore, be discussed in connection with section 1129.
|
||||
|
||||
senate report no. 95–989This section dispenses with the need for every creditor and equity security holder to file a proof of claim or interest in a reorganization case. Usually the debtor’s schedules are accurate enough that they will suffice to determine the claims or interests allowable in the case. Thus, the section specifies that any claim or interest included on the debtor’s schedules is deemed filed under section 501. This does not apply to claims or interests that are scheduled as disputed, contingent, or unliquidated.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (a). Pub. L. 111–327 substituted “521(a)(1)” for “521(1)”.
|
||||
@@ -0,0 +1,127 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1112"
|
||||
description: "Conversion or dismissal"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1112"
|
||||
citation: "11 U.S.C. § 1112"
|
||||
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|
||||
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|
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|
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|
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confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1112 - Conversion or dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title unless—
|
||||
|
||||
(1) the debtor is not a debtor in possession;
|
||||
|
||||
(2) the case originally was commenced as an involuntary case under this chapter; or
|
||||
|
||||
(3) the case was converted to a case under this chapter other than on the debtor’s request.
|
||||
|
||||
(b) (1) Except as provided in paragraph (2) and subsection (c), on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests of creditors and the estate.
|
||||
|
||||
(2) The court may not convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter if the court finds and specifically identifies unusual circumstances establishing that converting or dismissing the case is not in the best interests of creditors and the estate, and the debtor or any other party in interest establishes that—
|
||||
|
||||
(A) there is a reasonable likelihood that a plan will be confirmed within the timeframes established in sections 1121(e) and 1129(e) of this title, or if such sections do not apply, within a reasonable period of time; and
|
||||
|
||||
(B) the grounds for converting or dismissing the case include an act or omission of the debtor other than under paragraph (4)(A)—
|
||||
|
||||
(i) for which there exists a reasonable justification for the act or omission; and
|
||||
|
||||
(ii) that will be cured within a reasonable period of time fixed by the court.
|
||||
|
||||
(3) The court shall commence the hearing on a motion under this subsection not later than 30 days after filing of the motion, and shall decide the motion not later than 15 days after commencement of such hearing, unless the movant expressly consents to a continuance for a specific period of time or compelling circumstances prevent the court from meeting the time limits established by this paragraph.
|
||||
|
||||
(4) For purposes of this subsection, the term “cause” includes—
|
||||
|
||||
(A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation;
|
||||
|
||||
(B) gross mismanagement of the estate;
|
||||
|
||||
(C) failure to maintain appropriate insurance that poses a risk to the estate or to the public;
|
||||
|
||||
(D) unauthorized use of cash collateral substantially harmful to 1 or more creditors;
|
||||
|
||||
(E) failure to comply with an order of the court;
|
||||
|
||||
(F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter;
|
||||
|
||||
(G) failure to attend the meeting of creditors convened under section 341(a) or an examination ordered under rule 2004 of the Federal Rules of Bankruptcy Procedure without good cause shown by the debtor;
|
||||
|
||||
(H) failure timely to provide information or attend meetings reasonably requested by the United States trustee (or the bankruptcy administrator, if any);
|
||||
|
||||
(I) failure timely to pay taxes owed after the date of the order for relief or to file tax returns due after the date of the order for relief;
|
||||
|
||||
(J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court;
|
||||
|
||||
(K) failure to pay any fees or charges required under chapter 123 of title 28;
|
||||
|
||||
(L) revocation of an order of confirmation under section 1144;
|
||||
|
||||
(M) inability to effectuate substantial consummation of a confirmed plan;
|
||||
|
||||
(N) material default by the debtor with respect to a confirmed plan;
|
||||
|
||||
(O) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan; and
|
||||
|
||||
(P) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.
|
||||
|
||||
(c) The court may not convert a case under this chapter to a case under chapter 7 of this title if the debtor is a farmer or a corporation that is not a moneyed, business, or commercial corporation, unless the debtor requests such conversion.
|
||||
|
||||
(d) The court may convert a case under this chapter to a case under chapter 12 or 13 of this title only if—
|
||||
|
||||
(1) the debtor requests such conversion;
|
||||
|
||||
(2) the debtor has not been discharged under section 1141(d) of this title; and
|
||||
|
||||
(3) if the debtor requests conversion to chapter 12 of this title, such conversion is equitable.
|
||||
|
||||
(e) Except as provided in subsections (c) and (f), the court, on request of the United States trustee, may convert a case under this chapter to a case under chapter 7 of this title or may dismiss a case under this chapter, whichever is in the best interest of creditors and the estate if the debtor in a voluntary case fails to file, within fifteen days after the filing of the petition commencing such case or such additional time as the court may allow, the information required by paragraph (1) of section 521(a), including a list containing the names and addresses of the holders of the twenty largest unsecured claims (or of all unsecured claims if there are fewer than twenty unsecured claims), and the approximate dollar amounts of each of such claims.
|
||||
|
||||
(f) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2630; Pub. L. 98–353, title III, § 505, July 10, 1984, 98 Stat. 384; Pub. L. 99–554, title II, §§ 224, 256, Oct. 27, 1986, 100 Stat. 3102, 3114; Pub. L. 103–394, title II, § 217(c), Oct. 22, 1994, 108 Stat. 4127; Pub. L. 109–8, title IV, § 442(a), Apr. 20, 2005, 119 Stat. 115; Pub. L. 111–327, § 2(a)(33), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1112 of the House amendment represents a compromise between the House bill and Senate amendment with respect to the factors constituting cause for conversion of a case to chapter 7 or dismissal. The House amendment combines two separate factors contained in section 1112(b)(1) and section 1112(b)(2) of the Senate amendment. Section 1112(b)(1) of the House amendment permits the court to convert a case to a case under chapter 7 or to dismiss the case if there is both a continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; requiring both factors to be present simultaneously represents a compromise from the House bill which eliminated both factors from the list of causes enumerated. Sections 1112(c) and 1112(d) of the House amendment is derived from the House bill which differs from the Senate amendment only as a matter of style.
|
||||
|
||||
senate report no. 95–989This section brings together all of the conversion and dismissal rules for chapter 11 cases. Subsection (a) gives the debtor an absolute right to convert a voluntarily commenced chapter 11 case in which the debtor remains in possession to a liquidation case. Subsection (b) gives wide discretion to the court to make an appropriate disposition of the case sua sponte or upon motion of a party in interest, or the court is permitted to convert a reorganization case to a liquidation case or to dismiss the case, whichever is in the best interest of creditors and the estate, but only for cause. Cause may include the continuing loss to or dimunition [sic] of the estate of an insolvent debtor, the absence of a reasonable likelihood of rehabilitation, the inability to effectuate a plan, unreasonable delay by the debtor that is prejudicial to creditors, failure to file a plan within the appropriate time limits, denial of confirmation and any opportunity to modify or propose a new plan, revocation of confirmation and denial of confirmation of a modified plan, inability to effectuate substantial consummation of a confirmed plan, material default by the debtor under the plan, and termination of the plan by reason of the occurrence of a condition specified in the plan. This list is not exhaustive. The court will be able to consider other factors as they arise, and to use its equitable powers to reach an appropriate result in individual cases. The power of the court to act sua sponte should be used sparingly and only in emergency situations. Subsection (c) prohibits the court from converting a case concerning a farmer or an eleemosynary institution to a liquidation case unless the debtor consents. Subsection (d) prohibits conversion of a reorganization case to a chapter 13 case unless the debtor requests conversion and his discharge has not been granted or has been revoked. Subsection (e) reinforces section 109 by prohibiting conversion of a chapter 11 case to a case under another chapter proceedings under which the debtor is not permitted to proceed.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(4)(G), are set out in the Appendix to this title.
|
||||
|
||||
Amendments2010—Subsec. (b)(1). Pub. L. 111–327, § 2(a)(33)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (2) of this subsection, subsection (c) of this section, and section 1104(a)(3), on request of a party in interest, and after notice and a hearing, absent unusual circumstances specifically identified by the court that establish that the requested conversion or dismissal is not in the best interests of creditors and the estate, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, if the movant establishes cause.” Subsec. (b)(2). Pub. L. 111–327, § 2(a)(33)(A)(ii)(I), inserted introductory provisions and struck out former introductory provisions which read as follows: “The relief provided in paragraph (1) shall not be granted absent unusual circumstances specifically identified by the court that establish that such relief is not in the best interests of creditors and the estate, if the debtor or another party in interest objects and establishes that—”. Subsec. (b)(2)(B). Pub. L. 111–327, § 2(a)(33)(A)(ii)(II), substituted “converting or dismissing the case” for “granting such relief”. Subsec. (e). Pub. L. 111–327, § 2(a)(33)(B), substituted “521(a)” for “521”. 2005—Subsec. (b). Pub. L. 109–8 added subsec. (b) and struck out former subsec. (b) which consisted of introductory provisions and pars. (1) to (10) relating to conversion of cases under this chapter to chapter 7 cases or dismissal for cause in the best interest of creditors and the estate. 1994—Subsec. (b). Pub. L. 103–394 inserted “or bankruptcy administrator” after “United States trustee”. 1986—Subsec. (b). Pub. L. 99–554, § 224(1)(A), inserted “or the United States trustee” after “party in interest”. Subsec. (b)(10). Pub. L. 99–554, § 224(1)(B)–(D), added par. (10). Subsec. (d). Pub. L. 99–554, § 256, inserted reference to chapter 12 and added par. (3). Subsecs. (e), (f). Pub. L. 99–554, § 224(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). 1984—Subsec. (a)(2). Pub. L. 98–353, § 505(a)(1), substituted “originally was commenced as an involuntary case” for “is an involuntary case originally commenced”. Subsec. (a)(3). Pub. L. 98–353, § 505(a)(2), substituted “other than on” for “on other than”. Subsec. (b)(5). Pub. L. 98–353, § 505(b)(1), inserted “a request made for” before “additional”. Subsec. (b)(8). Pub. L. 98–353, § 505(b)(2), substituted “or” for “and”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by section 224 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 256 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1113"
|
||||
description: "Rejection of collective bargaining agreements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1113"
|
||||
citation: "11 U.S.C. § 1113"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
||||
text_hash: "d8537f3c8d2c4e6f8877a9efb526db382d468e6c153023f400355c94dee480c3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1113 - Rejection of collective bargaining agreements
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor in possession, or the trustee if one has been appointed under the provisions of this chapter, other than a trustee in a case covered by subchapter IV of this chapter and by title I of the Railway Labor Act, may assume or reject a collective bargaining agreement only in accordance with the provisions of this section.
|
||||
|
||||
(b) (1) Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement, the debtor in possession or trustee (hereinafter in this section “trustee” shall include a debtor in possession), shall—
|
||||
|
||||
(A) make a proposal to the authorized representative of the employees covered by such agreement, based on the most complete and reliable information available at the time of such proposal, which provides for those necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and
|
||||
|
||||
(B) provide, subject to subsection (d)(3), the representative of the employees with such relevant information as is necessary to evaluate the proposal.
|
||||
|
||||
(2) During the period beginning on the date of the making of a proposal provided for in paragraph (1) and ending on the date of the hearing provided for in subsection (d)(1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such agreement.
|
||||
|
||||
(c) The court shall approve an application for rejection of a collective bargaining agreement only if the court finds that—
|
||||
|
||||
(1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (b)(1);
|
||||
|
||||
(2) the authorized representative of the employees has refused to accept such proposal without good cause; and
|
||||
|
||||
(3) the balance of the equities clearly favors rejection of such agreement.
|
||||
|
||||
(d) (1) Upon the filing of an application for rejection the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such application. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearing. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the trustee and representative agree.
|
||||
|
||||
(2) The court shall rule on such application for rejection within thirty days after the date of the commencement of the hearing. In the interests of justice, the court may extend such time for ruling for such additional period as the trustee and the employees’ representative may agree to. If the court does not rule on such application within thirty days after the date of the commencement of the hearing, or within such additional time as the trustee and the employees’ representative may agree to, the trustee may terminate or alter any provisions of the collective bargaining agreement pending the ruling of the court on such application.
|
||||
|
||||
(3) The court may enter such protective orders, consistent with the need of the authorized representative of the employee to evaluate the trustee’s proposal and the application for rejection, as may be necessary to prevent disclosure of information provided to such representative where such disclosure could compromise the position of the debtor with respect to its competitors in the industry in which it is engaged.
|
||||
|
||||
(e) If during a period when the collective bargaining agreement continues in effect, and if essential to the continuation of the debtor’s business, or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by a collective bargaining agreement. Any hearing under this paragraph shall be scheduled in accordance with the needs of the trustee. The implementation of such interim changes shall not render the application for rejection moot.
|
||||
|
||||
(f) No provision of this title shall be construed to permit a trustee to unilaterally terminate or alter any provisions of a collective bargaining agreement prior to compliance with the provisions of this section.
|
||||
|
||||
(Added Pub. L. 98–353, title III, § 541(a), July 10, 1984, 98 Stat. 390.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Railway Labor Act, referred to in subsec. (a), is act May 20, 1926, ch. 347, 44 Stat. 577. Title I of the Railway Labor Act is classified principally to subchapter I (§ 151 et seq.) of chapter 8 of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 98–353, title III, § 541(c), July 10, 1984, 98 Stat. 391, provided that: “The amendments made by this section [enacting this section] shall become effective upon the date of enactment of this Act [July 10, 1984]; provided that this section shall not apply to cases filed under title 11 of the United States Code which were commenced prior to the date of enactment of this section.”
|
||||
@@ -0,0 +1,113 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1114"
|
||||
description: "Payment of insurance benefits to retired employees"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1114"
|
||||
citation: "11 U.S.C. § 1114"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1114 - Payment of insurance benefits to retired employees
|
||||
|
||||
## Text
|
||||
|
||||
(a) For purposes of this section, the term “retiree benefits” means payments to any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title.
|
||||
|
||||
(b) (1) For purposes of this section, the term “authorized representative” means the authorized representative designated pursuant to subsection (c) for persons receiving any retiree benefits covered by a collective bargaining agreement or subsection (d) in the case of persons receiving retiree benefits not covered by such an agreement.
|
||||
|
||||
(2) Committees of retired employees appointed by the court pursuant to this section shall have the same rights, powers, and duties as committees appointed under sections 1102 and 1103 of this title for the purpose of carrying out the purposes of sections 1114 and 1129(a)(13) and, as permitted by the court, shall have the power to enforce the rights of persons under this title as they relate to retiree benefits.
|
||||
|
||||
(c) (1) A labor organization shall be, for purposes of this section, the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, unless (A) such labor organization elects not to serve as the authorized representative of such persons, or (B) the court, upon a motion by any party in interest, after notice and hearing, determines that different representation of such persons is appropriate.
|
||||
|
||||
(2) In cases where the labor organization referred to in paragraph (1) elects not to serve as the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in cases where the court, pursuant to paragraph (1) finds different representation of such persons appropriate, the court, upon a motion by any party in interest, and after notice and a hearing, shall appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such persons, to serve as the authorized representative of such persons under this section.
|
||||
|
||||
(d) The court, upon a motion by any party in interest, and after notice and a hearing, shall order the appointment of a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, to serve as the authorized representative, under this section, of those persons receiving any retiree benefits not covered by a collective bargaining agreement. The United States trustee shall appoint any such committee.
|
||||
|
||||
(e) (1) Notwithstanding any other provision of this title, the debtor in possession, or the trustee if one has been appointed under the provisions of this chapter (hereinafter in this section “trustee” shall include a debtor in possession), shall timely pay and shall not modify any retiree benefits, except that—
|
||||
|
||||
(A) the court, on motion of the trustee or authorized representative, and after notice and a hearing, may order modification of such payments, pursuant to the provisions of subsections (g) and (h) of this section, or
|
||||
|
||||
(B) the trustee and the authorized representative of the recipients of those benefits may agree to modification of such payments,
|
||||
|
||||
after which such benefits as modified shall continue to be paid by the trustee.
|
||||
|
||||
(2) Any payment for retiree benefits required to be made before a plan confirmed under section 1129 of this title is effective has the status of an allowed administrative expense as provided in section 503 of this title.
|
||||
|
||||
(f) (1) Subsequent to filing a petition and prior to filing an application seeking modification of the retiree benefits, the trustee shall—
|
||||
|
||||
(A) make a proposal to the authorized representative of the retirees, based on the most complete and reliable information available at the time of such proposal, which provides for those necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and
|
||||
|
||||
(B) provide, subject to subsection (k)(3), the representative of the retirees with such relevant information as is necessary to evaluate the proposal.
|
||||
|
||||
(2) During the period beginning on the date of the making of a proposal provided for in paragraph (1), and ending on the date of the hearing provided for in subsection (k)(1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such retiree benefits.
|
||||
|
||||
(g) The court shall enter an order providing for modification in the payment of retiree benefits if the court finds that—
|
||||
|
||||
(1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (f);
|
||||
|
||||
(2) the authorized representative of the retirees has refused to accept such proposal without good cause; and
|
||||
|
||||
(3) such modification is necessary to permit the reorganization of the debtor and assures that all creditors, the debtor, and all of the affected parties are treated fairly and equitably, and is clearly favored by the balance of the equities;
|
||||
|
||||
except that in no case shall the court enter an order providing for such modification which provides for a modification to a level lower than that proposed by the trustee in the proposal found by the court to have complied with the requirements of this subsection and subsection (f): Provided, however, That at any time after an order is entered providing for modification in the payment of retiree benefits, or at any time after an agreement modifying such benefits is made between the trustee and the authorized representative of the recipients of such benefits, the authorized representative may apply to the court for an order increasing those benefits which order shall be granted if the increase in retiree benefits sought is consistent with the standard set forth in paragraph (3): Provided further, That neither the trustee nor the authorized representative is precluded from making more than one motion for a modification order governed by this subsection.
|
||||
|
||||
(h) (1) Prior to a court issuing a final order under subsection (g) of this section, if essential to the continuation of the debtor’s business, or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim modifications in retiree benefits.
|
||||
|
||||
(2) Any hearing under this subsection shall be scheduled in accordance with the needs of the trustee.
|
||||
|
||||
(3) The implementation of such interim changes does not render the motion for modification moot.
|
||||
|
||||
(i) No retiree benefits paid between the filing of the petition and the time a plan confirmed under section 1129 of this title becomes effective shall be deducted or offset from the amounts allowed as claims for any benefits which remain unpaid, or from the amounts to be paid under the plan with respect to such claims for unpaid benefits, whether such claims for unpaid benefits are based upon or arise from a right to future unpaid benefits or from any benefits not paid as a result of modifications allowed pursuant to this section.
|
||||
|
||||
(j) No claim for retiree benefits shall be limited by section 502(b)(7) of this title.
|
||||
|
||||
(k) (1) Upon the filing of an application for modifying retiree benefits, the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such application. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearing. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the trustee and the authorized representative agree.
|
||||
|
||||
(2) The court shall rule on such application for modification within ninety days after the date of the commencement of the hearing. In the interests of justice, the court may extend such time for ruling for such additional period as the trustee and the authorized representative may agree to. If the court does not rule on such application within ninety days after the date of the commencement of the hearing, or within such additional time as the trustee and the authorized representative may agree to, the trustee may implement the proposed modifications pending the ruling of the court on such application.
|
||||
|
||||
(3) The court may enter such protective orders, consistent with the need of the authorized representative of the retirees to evaluate the trustee’s proposal and the application for modification, as may be necessary to prevent disclosure of information provided to such representative where such disclosure could compromise the position of the debtor with respect to its competitors in the industry in which it is engaged.
|
||||
|
||||
(l) If the debtor, during the 180-day period ending on the date of the filing of the petition—
|
||||
|
||||
(1) modified retiree benefits; and
|
||||
|
||||
(2) was insolvent on the date such benefits were modified;
|
||||
|
||||
the court, on motion of a party in interest, and after notice and a hearing, shall issue an order reinstating as of the date the modification was made, such benefits as in effect immediately before such date unless the court finds that the balance of the equities clearly favors such modification.
|
||||
|
||||
(m) This section shall not apply to any retiree, or the spouse or dependents of such retiree, if such retiree’s gross income for the twelve months preceding the filing of the bankruptcy petition equals or exceeds $250,000, unless such retiree can demonstrate to the satisfaction of the court that he is unable to obtain health, medical, life, and disability coverage for himself, his spouse, and his dependents who would otherwise be covered by the employer’s insurance plan, comparable to the coverage provided by the employer on the day before the filing of a petition under this title.
|
||||
|
||||
(Added Pub. L. 100–334, § 2(a), June 16, 1988, 102 Stat. 610; amended Pub. L. 109–8, title IV, § 447, title XIV, § 1403, Apr. 20, 2005, 119 Stat. 118, 215.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (d). Pub. L. 109–8, § 447, substituted “order the appointment of” for “appoint” and inserted “The United States trustee shall appoint any such committee.” at end. Subsecs. (l), (m). Pub. L. 109–8, § 1403, added subsec. (l) and redesignated former subsec. (l) as (m).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1403 of Pub. L. 109–8 effective Apr. 20, 2005, and applicable only with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1406 of Pub. L. 109–8, set out as a note under section 507 of this title. Amendment by section 447 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 DatePub. L. 100–334, § 4, June 16, 1988, 102 Stat. 615, provided that: “(a) General Effective Date.—Except as provided in subsection (b), this Act and the amendments made by this Act [enacting this section, amending section 1129 of this title, enacting provisions set out as a note under section 101 of this title, and amending and repealing provisions set out as notes under section 1106 of this title] shall take effect on the date of the enactment of this Act [June 16, 1988]. “(b) Application of Amendments.—The amendments made by section 2 [enacting this section and amending section 1129 of this title] shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act [June 16, 1988].”
|
||||
|
||||
Payment of Certain Benefits to Retired Former EmployeesFor payment of benefits by bankruptcy trustee to retired employees in enumerated circumstances with respect to cases commenced under this chapter in which a plan for reorganization had not been confirmed by the court and in which any such benefit was still being paid on October 2, 1986, and in cases that became subject to this chapter after October 2, 1986, and before June 16, 1988, see section 101(b) [title VI, § 608] of Pub. L. 99–500, and Pub. L. 99–591, as amended, set out as a note under section 1106 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "11 U.S.C. § 1115"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1115 - Property of the estate
|
||||
|
||||
## Text
|
||||
|
||||
(a) In a case in which the debtor is an individual, property of the estate includes, in addition to the property specified in section 541—
|
||||
|
||||
(1) all property of the kind specified in section 541 that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first; and
|
||||
|
||||
(2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13, whichever occurs first.
|
||||
|
||||
(b) Except as provided in section 1104 or a confirmed plan or order confirming a plan, the debtor shall remain in possession of all property of the estate.
|
||||
|
||||
(Added Pub. L. 109–8, title III, § 321(a)(1), Apr. 20, 2005, 119 Stat. 94.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 2005 Amendment note under section 101 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
citation: "11 U.S.C. § 1116"
|
||||
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|
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|
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tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1116 - Duties of trustee or debtor in possession in small business cases
|
||||
|
||||
## Text
|
||||
|
||||
In a small business case, a trustee or the debtor in possession, in addition to the duties provided in this title and as otherwise required by law, shall—
|
||||
|
||||
(1) append to the voluntary petition or, in an involuntary case, file not later than 7 days after the date of the order for relief—
|
||||
|
||||
(A) its most recent balance sheet, statement of operations, cash-flow statement, and Federal income tax return; or
|
||||
|
||||
(B) a statement made under penalty of perjury that no balance sheet, statement of operations, or cash-flow statement has been prepared and no Federal tax return has been filed;
|
||||
|
||||
(2) attend, through its senior management personnel and counsel, meetings scheduled by the court or the United States trustee, including initial debtor interviews, scheduling conferences, and meetings of creditors convened under section 341 unless the court, after notice and a hearing, waives that requirement upon a finding of extraordinary and compelling circumstances;
|
||||
|
||||
(3) timely file all schedules and statements of financial affairs, unless the court, after notice and a hearing, grants an extension, which shall not extend such time period to a date later than 30 days after the date of the order for relief, absent extraordinary and compelling circumstances;
|
||||
|
||||
(4) file all postpetition financial and other reports required by the Federal Rules of Bankruptcy Procedure or by local rule of the district court;
|
||||
|
||||
(5) subject to section 363(c)(2), maintain insurance customary and appropriate to the industry;
|
||||
|
||||
(6) (A) timely file tax returns and other required government filings; and
|
||||
|
||||
(B) subject to section 363(c)(2), timely pay all taxes entitled to administrative expense priority except those being contested by appropriate proceedings being diligently prosecuted; and
|
||||
|
||||
(7) allow the United States trustee, or a designated representative of the United States trustee, to inspect the debtor’s business premises, books, and records at reasonable times, after reasonable prior written notice, unless notice is waived by the debtor.
|
||||
|
||||
(Added Pub. L. 109–8, title IV, § 436(a), Apr. 20, 2005, 119 Stat. 112.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Bankruptcy Procedure, referred to in par. (4), are set out in the Appendix to this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 2005 Amendment note under section 101 of this title.
|
||||
@@ -0,0 +1,91 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1121"
|
||||
description: "Who may file a plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
title_number: 11
|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1121"
|
||||
citation: "11 U.S.C. § 1121"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1121 - Who may file a plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor may file a plan with a petition commencing a voluntary case, or at any time in a voluntary case or an involuntary case.
|
||||
|
||||
(b) Except as otherwise provided in this section, only the debtor may file a plan until after 120 days after the date of the order for relief under this chapter.
|
||||
|
||||
(c) Any party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may file a plan if and only if—
|
||||
|
||||
(1) a trustee has been appointed under this chapter;
|
||||
|
||||
(2) the debtor has not filed a plan before 120 days after the date of the order for relief under this chapter; or
|
||||
|
||||
(3) the debtor has not filed a plan that has been accepted, before 180 days after the date of the order for relief under this chapter, by each class of claims or interests that is impaired under the plan.
|
||||
|
||||
(d) (1) Subject to paragraph (2), on request of a party in interest made within the respective periods specified in subsections (b) and (c) of this section and after notice and a hearing, the court may for cause reduce or increase the 120-day period or the 180-day period referred to in this section.
|
||||
|
||||
(2) (A) The 120-day period specified in paragraph (1) may not be extended beyond a date that is 18 months after the date of the order for relief under this chapter.
|
||||
|
||||
(B) The 180-day period specified in paragraph (1) may not be extended beyond a date that is 20 months after the date of the order for relief under this chapter.
|
||||
|
||||
(e) In a small business case—
|
||||
|
||||
(1) only the debtor may file a plan until after 180 days after the date of the order for relief, unless that period is—
|
||||
|
||||
(A) extended as provided by this subsection, after notice and a hearing; or
|
||||
|
||||
(B) the court, for cause, orders otherwise;
|
||||
|
||||
(2) the plan and a disclosure statement (if any) shall be filed not later than 300 days after the date of the order for relief; and
|
||||
|
||||
(3) the time periods specified in paragraphs (1) and (2), and the time fixed in section 1129(e) within which the plan shall be confirmed, may be extended only if—
|
||||
|
||||
(A) the debtor, after providing notice to parties in interest (including the United States trustee), demonstrates by a preponderance of the evidence that it is more likely than not that the court will confirm a plan within a reasonable period of time;
|
||||
|
||||
(B) a new deadline is imposed at the time the extension is granted; and
|
||||
|
||||
(C) the order extending time is signed before the existing deadline has expired.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2631; Pub. L. 98–353, title III, § 506, July 10, 1984, 98 Stat. 385; Pub. L. 99–554, title II, § 283(u), Oct. 27, 1986, 100 Stat. 3118; Pub. L. 103–394, title II, § 217(d), Oct. 22, 1994, 108 Stat. 4127; Pub. L. 109–8, title IV, §§ 411, 437, Apr. 20, 2005, 119 Stat. 106, 113.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1121 of the House amendment is derived from section 1121 of the House bill; section 1121(c)(1) will be satisfied automatically in a case under subchapter IV of title 11.
|
||||
|
||||
senate report no. 95–989Subsection (a) permits the debtor to file a reorganization plan with a petition commencing a voluntary case or at any time during a voluntary or involuntary case. Subsection (b) gives the debtor the exclusive right to file a plan during the first 120 days of the case. There are exceptions, however, enumerated in subsection (c). If a trustee has been appointed, if the debtor does not meet the 120-day deadline, or if the debtor fails to obtain the required consent within 180 days after the filing of the petition, any party in interest may propose a plan. This includes the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, and an indenture trustee. The list is not exhaustive. In the case of a public company, a trustee is appointed within 10 days of the petition. In such a case, for all practical purposes, any party in interest may file a plan. Subsection (d) permits the court, for cause, to increase or reduce the 120-day and 180-day periods specified. Since, the debtor has an exclusive privilege for 6 months during which others may not file a plan, the granted extension should be based on a showing of some promise of probable success. An extension should not be employed as a tactical device to put pressure on parties in interest to yield to a plan they consider unsatisfactory.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (d). Pub. L. 109–8, § 411, designated existing provisions as par. (1), substituted “Subject to paragraph (2), on” for “On”, and added par. (2). Subsec. (e). Pub. L. 109–8, § 437, added subsec. (e) and struck out former subsec. (e) which read as follows: “In a case in which the debtor is a small business and elects to be considered a small business— “(1) only the debtor may file a plan until after 100 days after the date of the order for relief under this chapter; “(2) all plans shall be filed within 160 days after the date of the order for relief; and “(3) on request of a party in interest made within the respective periods specified in paragraphs (1) and (2) and after notice and a hearing, the court may— “(A) reduce the 100-day period or the 160-day period specified in paragraph (1) or (2) for cause; and “(B) increase the 100-day period specified in paragraph (1) if the debtor shows that the need for an increase is caused by circumstances for which the debtor should not be held accountable.” 1994—Subsec. (e). Pub. L. 103–394 added subsec. (e). 1986—Subsec. (d). Pub. L. 99–554 inserted reference to subsection (b) of this section. 1984—Subsec. (c)(3). Pub. L. 98–353, § 506(a), substituted “of claims or interests that is” for “the claims or interests of which are”. Subsec. (d). Pub. L. 98–353, § 506(b), inserted “made within the respective periods specified in subsection (c) of this section”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1122"
|
||||
description: "Classification of claims or interests"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1122"
|
||||
citation: "11 U.S.C. § 1122"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1122 - Classification of claims or interests
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b) of this section, a plan may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class.
|
||||
|
||||
(b) A plan may designate a separate class of claims consisting only of every unsecured claim that is less than or reduced to an amount that the court approves as reasonable and necessary for administrative convenience.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2631.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section codifies current case law surrounding the classification of claims and equity securities. It requires classification based on the nature of the claims or interests classified, and permits inclusion of claims or interests in a particular class only if the claim or interest being included is substantially similar to the other claims or interests of the class. Subsection (b), also a codification of existing practice, contains an exception. The plan may designate a separate class of claims consisting only of every unsecured claim that is less than or reduced to an amount that the court approves as reasonable and necessary for administrative convenience.
|
||||
@@ -0,0 +1,113 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1123"
|
||||
description: "Contents of plan"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1123"
|
||||
citation: "11 U.S.C. § 1123"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1123"
|
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|
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1123 - Contents of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall—
|
||||
|
||||
(1) designate, subject to section 1122 of this title, classes of claims, other than claims of a kind specified in section 507(a)(2), 507(a)(3), or 507(a)(8) of this title, and classes of interests;
|
||||
|
||||
(2) specify any class of claims or interests that is not impaired under the plan;
|
||||
|
||||
(3) specify the treatment of any class of claims or interests that is impaired under the plan;
|
||||
|
||||
(4) provide the same treatment for each claim or interest of a particular class, unless the holder of a particular claim or interest agrees to a less favorable treatment of such particular claim or interest;
|
||||
|
||||
(5) provide adequate means for the plan’s implementation, such as—
|
||||
|
||||
(A) retention by the debtor of all or any part of the property of the estate;
|
||||
|
||||
(B) transfer of all or any part of the property of the estate to one or more entities, whether organized before or after the confirmation of such plan;
|
||||
|
||||
(C) merger or consolidation of the debtor with one or more persons;
|
||||
|
||||
(D) sale of all or any part of the property of the estate, either subject to or free of any lien, or the distribution of all or any part of the property of the estate among those having an interest in such property of the estate;
|
||||
|
||||
(E) satisfaction or modification of any lien;
|
||||
|
||||
(F) cancellation or modification of any indenture or similar instrument;
|
||||
|
||||
(G) curing or waiving of any default;
|
||||
|
||||
(H) extension of a maturity date or a change in an interest rate or other term of outstanding securities;
|
||||
|
||||
(I) amendment of the debtor’s charter; or
|
||||
|
||||
(J) issuance of securities of the debtor, or of any entity referred to in subparagraph (B) or (C) of this paragraph, for cash, for property, for existing securities, or in exchange for claims or interests, or for any other appropriate purpose;
|
||||
|
||||
(6) provide for the inclusion in the charter of the debtor, if the debtor is a corporation, or of any corporation referred to in paragraph (5)(B) or (5)(C) of this subsection, of a provision prohibiting the issuance of nonvoting equity securities, and providing, as to the several classes of securities possessing voting power, an appropriate distribution of such power among such classes, including, in the case of any class of equity securities having a preference over another class of equity securities with respect to dividends, adequate provisions for the election of directors representing such preferred class in the event of default in the payment of such dividends;
|
||||
|
||||
(7) contain only provisions that are consistent with the interests of creditors and equity security holders and with public policy with respect to the manner of selection of any officer, director, or trustee under the plan and any successor to such officer, director, or trustee; and
|
||||
|
||||
(8) in a case in which the debtor is an individual, provide for the payment to creditors under the plan of all or such portion of earnings from personal services performed by the debtor after the commencement of the case or other future income of the debtor as is necessary for the execution of the plan.
|
||||
|
||||
(b) Subject to subsection (a) of this section, a plan may—
|
||||
|
||||
(1) impair or leave unimpaired any class of claims, secured or unsecured, or of interests;
|
||||
|
||||
(2) subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;
|
||||
|
||||
(3) provide for—
|
||||
|
||||
(A) the settlement or adjustment of any claim or interest belonging to the debtor or to the estate; or
|
||||
|
||||
(B) the retention and enforcement by the debtor, by the trustee, or by a representative of the estate appointed for such purpose, of any such claim or interest;
|
||||
|
||||
(4) provide for the sale of all or substantially all of the property of the estate, and the distribution of the proceeds of such sale among holders of claims or interests;
|
||||
|
||||
(5) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims; and
|
||||
|
||||
(6) include any other appropriate provision not inconsistent with the applicable provisions of this title.
|
||||
|
||||
(c) In a case concerning an individual, a plan proposed by an entity other than the debtor may not provide for the use, sale, or lease of property exempted under section 522 of this title, unless the debtor consents to such use, sale, or lease.
|
||||
|
||||
(d) Notwithstanding subsection (a) of this section and sections 506(b), 1129(a)(7), and 1129(b) of this title, if it is proposed in a plan to cure a default the amount necessary to cure the default shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2631; Pub. L. 98–353, title III, § 507, July 10, 1984, 98 Stat. 385; Pub. L. 103–394, title II, § 206, title III, §§ 304(h)(6), 305(a), title V, § 501(d)(31), Oct. 22, 1994, 108 Stat. 4123, 4134, 4146; Pub. L. 109–8, title III, § 321(b), title XV, § 1502(a)(7), Apr. 20, 2005, 119 Stat. 95, 216.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1123 of the House amendment represents a compromise between similar provisions in the House bill and Senate amendment. The section has been clarified to clearly indicate that both secured and unsecured claims, or either of them, may be impaired in a case under title 11. In addition assumption or rejection of an executory contract under a plan must comply with section 365 of title 11. Moreover, section 1123(a)(1) has been substantively modified to permit classification of certain kinds of priority claims. This is important for purposes of confirmation under section 1129(a)(9). Section 1123(a)(5) of the House amendment is derived from a similar provision in the House bill and Senate amendment but deletes the language pertaining to “fair upset price” as an unnecessary restriction. Section 1123 is also intended to indicate that a plan may provide for any action specified in section 1123 in the case of a corporation without a resolution of the board of directors. If the plan is confirmed, then any action proposed in the plan may be taken notwithstanding any otherwise applicable nonbankruptcy law in accordance with section 1142(a) of title 11.
|
||||
|
||||
senate report no. 95–989Subsection (a) specifies what a plan of reorganization must contain. The plan must designate classes of claims and interests, and specify, by class, the claims or interests that are unimpaired under the plan. Priority claims are not required to be classified because they may not have arisen when the plan is filed. The plan must provide the same treatment for each claim or interest of a particular class, unless the holder of a particular claim or interest agrees to a different, but not better, treatment of his claim or interest. Paragraph (3) applies to claims, not creditors. Thus, if a creditor is undersecured, and thus has a secured claim and an unsecured claim, this paragraph will be applied independently to each of his claims. Paragraph (4) of subsection (a) is derived from section 216 of chapter X [section 616 of former title 11] with some modifications. It requires the plan to provide adequate means for the plans execution. These means may include retention by the debtor of all or any part of the property of the estate, transfer of all or any part of the property of the estate to one or more entities, whether organized pre- or postconfirmation, merger or consolidation of the debtor with one or more persons, sale and distribution of all or any part of the property of the estate, satisfaction or modification of any lien, cancellation or modification of any indenture or similar instrument, curing or waiving of any default, extension of maturity dates or change in interest rates of securities, amendment of the debtor’s charter, and issuance of securities. Subparagraph (C), as it applies in railroad cases, has the effect of overruling St. Joe Paper Co. v. Atlantic Coast Line R. R., 347 U.S. 298 (1954). It will allow the trustee or creditors to propose a plan of merger with another railroad without the consent of the debtor, and the debtor will be bound under proposed 11 U.S.C. 1141(a). See Hearings, pt. 3, at 1616. “Similar instrument” referred to in subparagraph (F) might include a deposit with an agent for distribution, other than an indenture trustee, such as an agent under an agreement in a railroad conditional sale or lease financing agreement. Paragraphs (5) and (6) and subsection (b) are derived substantially from Section 216 of Chapter X ([former] 11 U.S.C. 616). Paragraph (5) requires the plan to prohibit the issuance of nonvoting equity securities, and to provide for an appropriate distribution of voting power among the various classes of equity securities. Paragraph (6) requires that the plan contain only provisions that are consistent with the interests of creditors and equity security holders, and with public policy with respect to the selection of officers, directors, and trustees, and their successors. Subsection (b) specifies the matters that the plan may propose. The plan may impair or leave unimpaired any claim or interest. The plan may provide for the assumption or rejection of executory contracts or unexpired leases not previously rejected under section 365. The plan may also provide for the treatment of claims by the debtor against other entities that are not settled before the confirmation of the plan. The plan may propose settlement or adjustment of any claim or equity security belonging to the estate, or may propose retention and enforcement of such claim or interest by the debtor or by an agent appointed for that purpose. The plan may also propose the sale of all or substantially all of the property of the estate, and the distribution of the proceeds of the sale among creditors and equity security holders. This would be a liquidating plan. The subsection permits the plan to include any other appropriate provision not inconsistent with the applicable provisions of the bankruptcy code. Subsection (c) protects an individual debtor’s exempt property by prohibiting its use, sale, or lease under a plan proposed by someone other than the debtor, unless the debtor consents.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (a)(1). Pub. L. 109–8, § 1502(a)(7), substituted “507(a)(2), 507(a)(3)” for “507(a)(1), 507(a)(2)”. Subsec. (a)(8). Pub. L. 109–8, § 321(b), added par. (8). 1994—Subsec. (a)(1). Pub. L. 103–394, §§ 304(h)(6), 501(d)(31), substituted “507(a)(8) of this title,” for “507(a)(7) of this title”. Subsec. (b)(5), (6). Pub. L. 103–394, § 206, added par. (5) and redesignated former par. (5) as (6). Subsec. (d). Pub. L. 103–394, § 305(a), added subsec. (d). 1984—Subsec. (a). Pub. L. 98–353, § 507(a)(1), in provisions preceding par. (1) substituted “Notwithstanding any otherwise applicable nonbankruptcy law, a” for “A”. Subsec. (a)(1). Pub. L. 98–353, § 507(a)(2), inserted a comma after “classes of claims” and substituted “507(a)(7) of this title,” for “507(a)(6) of this title”. Subsec. (a)(3). Pub. L. 98–353, § 507(a)(3), struck out “shall” before “specify the treatment”. Subsec. (a)(5). Pub. L. 98–353, § 507(a)(4), substituted “implementation” for “execution”. Subsec. (a)(5)(G). Pub. L. 98–353, § 507(a)(5), inserted “of” after “waiving”. Subsec. (b)(2). Pub. L. 98–353, § 507(b), substituted “rejection, or assignment” for “or rejection”, and “under such section” for “under section 365 of this title”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by sections 206, 304(h)(6), and 501(d)(31) of Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, and amendment by section 305(a) of 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 Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1124"
|
||||
description: "Impairment of claims or interests"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1124"
|
||||
citation: "11 U.S.C. § 1124"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1124 - Impairment of claims or interests
|
||||
|
||||
## Text
|
||||
|
||||
Except as provided in section 1123(a)(4) of this title, a class of claims or interests is impaired under a plan unless, with respect to each claim or interest of such class, the plan—
|
||||
|
||||
(1) leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim or interest; or
|
||||
|
||||
(2) notwithstanding any contractual provision or applicable law that entitles the holder of such claim or interest to demand or receive accelerated payment of such claim or interest after the occurrence of a default—
|
||||
|
||||
(A) cures any such default that occurred before or after the commencement of the case under this title, other than a default of a kind specified in section 365(b)(2) of this title or of a kind that section 365(b)(2) expressly does not require to be cured;
|
||||
|
||||
(B) reinstates the maturity of such claim or interest as such maturity existed before such default;
|
||||
|
||||
(C) compensates the holder of such claim or interest for any damages incurred as a result of any reasonable reliance by such holder on such contractual provision or such applicable law;
|
||||
|
||||
(D) if such claim or such interest arises from any failure to perform a nonmonetary obligation, other than a default arising from failure to operate a nonresidential real property lease subject to section 365(b)(1)(A), compensates the holder of such claim or such interest (other than the debtor or an insider) for any actual pecuniary loss incurred by such holder as a result of such failure; and
|
||||
|
||||
(E) does not otherwise alter the legal, equitable, or contractual rights to which such claim or interest entitles the holder of such claim or interest.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2633; Pub. L. 98–353, title III, § 508, July 10, 1984, 98 Stat. 385; Pub. L. 103–394, title II, § 213(d), Oct. 22, 1994, 108 Stat. 4126; Pub. L. 109–8, title III, § 328(b), Apr. 20, 2005, 119 Stat. 100.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1124 of the House amendment is derived from a similar provision in the House bill and Senate amendment. The section defines the new concept of “impairment” of claims or interests; the concept differs significantly from the concept of “materially and adversely affected” under the Bankruptcy Act [former title 11]. Section 1124(3) of the House amendment provides that a holder of a claim or interest is not impaired, if the plan provides that the holder will receive the allowed amount of the holder’s claim, or in the case of an interest with a fixed liquidation preference or redemption price, the greater of such price. This adopts the position contained in the House bill and rejects the contrary standard contained in the Senate amendment. Section 1124(3) of the House amendment rejects a provision contained in section 1124(3)(B)(iii) of the House bill which would have considered a class of interest not to be impaired by virtue of the fact that the plan provided cash or property for the value of the holder’s interest in the debtor. The effect of the House amendment is to permit an interest not to be impaired only if the interest has a fixed liquidation preference or redemption price. Therefore, a class of interests such as common stock, must either accept a plan under section 1129(a)(8), or the plan must satisfy the requirements of section 1129(b)(2)(C) in order for a plan to be confirmed. A compromise reflected in section 1124(2)(C) of the House amendment indicates that a class of claims is not impaired under the circumstances of section 1124(2) if damages are paid to rectify reasonable reliance engaged in by the holder of a claim or interest arising from the prepetition breach of a contractual provision, such as an ipso facto or bankruptcy clause, or law. Where the rights of third parties are concerned, such as in the case of lease premises which have been rerented to a third party, it is not intended that there will be adequate damages to compensate the third party.
|
||||
|
||||
senate report no. 95–989The basic concept underlying this section is not new. It rests essentially on Section 107 of Chapter X ([former] 11 U.S.C. 507), which states that creditors or stockholders or any class thereof “shall be deemed to be ‘affected’ by a plan only if their or its interest shall be materially and adversely affected thereby.” This section is designated to indicate when contractual rights of creditors or interest holders are not materially affected. It specifies three ways in which the plan may leave a claim or interest unimpaired. First, the plan may propose not to alter the legal, equitable, or contractual rights to which the claim or interest entitled its holder. Second, a claim or interest is unimpaired by curing the effect of a default and reinstating the original terms of an obligation when maturity was brought on or accelerated by the default. The intervention of bankruptcy and the defaults represent a temporary crisis which the plan of reorganization is intended to clear away. The holder of a claim or interest who under the plan is restored to his original position, when others receive less or get nothing at all, is fortunate indeed and has no cause to complain. Curing of the default and the assumption of the debt in accordance with its terms is an important reorganization technique for dealing with a particular class of claims, especially secured claims. Third, a claim or interest is unimpaired if the plan provides for their payment in cash. In the case of a debt liability, the cash payment is for the allowed amount of the claim, which does not include a redemption premium. If it is an equity security with a fixed liquidation preference, such as a preferred stock, the allowed amount is such liquidation preference, with no redemption premium. With respect to any other equity security, such as a common stock, cash payment must be equal to the “value of such holder’s interest in the debtor.” Section 1124 does not include payment “in property” other than cash. Except for a rare case, claims or interests are not by their terms payable in property, but a plan may so provide and those affected thereby may accept or reject the proposed plan. They may not be forced to accept a plan declaring the holders’ claims or interests to be “unimpaired.”
|
||||
|
||||
house report no. 95–595This section is new. It is designed to indicate when contractual rights of creditors or interest holders are not materially affected. The section specifies three ways in which the plan may leave a claim or interest unimpaired. First, the plan may propose not to alter the legal, equitable, or contractual rights to which the claim or interest entitled its holder. Second, the plan is permitted to reinstate a claim or interest and thus leave it unimpaired. Reinstatement consists of curing any default (other than a default under an ipso facto or bankruptcy clause) and reinstatement of the maturity of the claim or interest. Further, the plan may not otherwise alter any legal, equitable, or contractual right to which the claim or interest entitles its holder. Third, the plan may leave a claim or interest unimpaired by paying its amount in full other than in securities of the debtor, an affiliate of the debtor participating in a joint plan, or a successor to the debtor. These securities are excluded because determination of their value would require a valuation of the business being reorganized. Use of them to pay a creditor or equity security holder without his consent may be done only under section 1129(b) and only after a valuation of the debtor. Under this paragraph, the plan must pay the allowed amount of the claim in full, in cash or other property, or, in the case of an equity security, must pay the greatest of any fixed liquidation preference to which the terms of the equity security entitle its holder, any fixed price at which the debtor, under the terms of the equity security may redeem such equity security, and the value, as of the effective date of the plan, of the holder’s interest in the debtor. The value of the holder’s interest need not be determined precisely by valuing the debtor’s business if such value is clearly below redemption or liquidation preference values. If such value would require a full-scale valuation of the business, then such interest should be treated as impaired. But, if the debtor corporation is clearly insolvent, then the value of the common stock holder’s interest in the debtor is zero, and offering them nothing under the plan of reorganization will not impair their rights. “Value, as of the effective date of the plan,” as used in paragraph (3) and in proposed 11 U.S.C. 1179(a)(7)(B), 1129(a)(9), 1129(b), 1172(2), 1325(a)(4), 1325(a)(5)(B), and 1328(b), indicates that the promised payment under the plan must be discounted to present value as of the effective date of the plan. The discounting should be based only on the unpaid balance of the amount due under the plan, until that amount, including interest, is paid in full.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Par. (2)(A). Pub. L. 109–8, § 328(b)(1), inserted “or of a kind that section 365(b)(2) expressly does not require to be cured” before semicolon at end. Par. (2)(D), (E). Pub. L. 109–8, § 328(b)(2)–(4), added subpar. (D) and redesignated former subpar. (D) as (E). 1994—Par. (3). Pub. L. 103–394 struck out par. (3) which read as follows: “provides that, on the effective date of the plan, the holder of such claim or interest receives, on account of such claim or interest, cash equal to— “(A) with respect to a claim, the allowed amount of such claim; or “(B) with respect to an interest, if applicable, the greater of— “(i) any fixed liquidation preference to which the terms of any security representing such interest entitle the holder of such interest; or “(ii) any fixed price at which the debtor, under the terms of such security, may redeem such security from such holder.” 1984—Par. (2)(A). Pub. L. 98–353, § 508(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “cures any such default, other than a default of a kind specified in section 365(b)(2) of this title, that occurred before or after the commencement of the case under this title;”. Par. (3)(B)(i). Pub. L. 98–353, § 508(2), substituted “or” for “and”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1126"
|
||||
description: "Acceptance of plan"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1126"
|
||||
citation: "11 U.S.C. § 1126"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1126 - Acceptance of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) The holder of a claim or interest allowed under section 502 of this title may accept or reject a plan. If the United States is a creditor or equity security holder, the Secretary of the Treasury may accept or reject the plan on behalf of the United States.
|
||||
|
||||
(b) For the purposes of subsections (c) and (d) of this section, a holder of a claim or interest that has accepted or rejected the plan before the commencement of the case under this title is deemed to have accepted or rejected such plan, as the case may be, if—
|
||||
|
||||
(1) the solicitation of such acceptance or rejection was in compliance with any applicable nonbankruptcy law, rule, or regulation governing the adequacy of disclosure in connection with such solicitation; or
|
||||
|
||||
(2) if there is not any such law, rule, or regulation, such acceptance or rejection was solicited after disclosure to such holder of adequate information, as defined in section 1125(a) of this title.
|
||||
|
||||
(c) A class of claims has accepted a plan if such plan has been accepted by creditors, other than any entity designated under subsection (e) of this section, that hold at least two-thirds in amount and more than one-half in number of the allowed claims of such class held by creditors, other than any entity designated under subsection (e) of this section, that have accepted or rejected such plan.
|
||||
|
||||
(d) A class of interests has accepted a plan if such plan has been accepted by holders of such interests, other than any entity designated under subsection (e) of this section, that hold at least two-thirds in amount of the allowed interests of such class held by holders of such interests, other than any entity designated under subsection (e) of this section, that have accepted or rejected such plan.
|
||||
|
||||
(e) On request of a party in interest, and after notice and a hearing, the court may designate any entity whose acceptance or rejection of such plan was not in good faith, or was not solicited or procured in good faith or in accordance with the provisions of this title.
|
||||
|
||||
(f) Notwithstanding any other provision of this section, a class that is not impaired under a plan, and each holder of a claim or interest of such class, are conclusively presumed to have accepted the plan, and solicitation of acceptances with respect to such class from the holders of claims or interests of such class is not required.
|
||||
|
||||
(g) Notwithstanding any other provision of this section, a class is deemed not to have accepted a plan if such plan provides that the claims or interests of such class do not entitle the holders of such claims or interests to receive or retain any property under the plan on account of such claims or interests.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2634; Pub. L. 98–353, title III, § 510, July 10, 1984, 98 Stat. 386.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1126 of the House amendment deletes section 1126(e) as contained in the House bill. Section 105 of the bill constitutes sufficient power in the court to designate exclusion of a creditor’s claim on the basis of a conflict of interest. Section 1126(f) of the House amendment adopts a provision contained in section 1127(f) of the Senate bill indicating that a class that is not impaired under a plan is deemed to have accepted a plan and solicitation of acceptances from such class is not required.
|
||||
|
||||
senate report no. 95–989Subsection (a) of this section permits the holder of a claim or interest allowed under section 502 to accept or reject a proposed plan of reorganization. The subsection also incorporates a provision now found in section 199 of chapter X [section 599 of former title 11] that authorizes the Secretary of the Treasury to accept or reject a plan on behalf of the United States when the United States is a creditor or equity security holder. Subsection (b) governs acceptances and rejections of plans obtained before commencement of a reorganization for a nonpublic company. Paragraph (3) expressly states that subsection (b) does not apply to a public company. Prepetition solicitation is a common practice under chapter XI [chapter 11 of former title 11] today, and chapter IX [chapter 9 of former title 11] current makes explicit provision for it. Section 1126(b) counts a prepetition acceptance or rejection toward the required amounts and number of acceptances only if the solicitation of the acceptance or rejection was in compliance with any applicable nonbankruptcy law, rule, or regulation governing the adequacy of disclosure in connection with such solicitation. If there is not any such applicable law, rule, or regulation, then the acceptance or rejection is counted only if it was solicited after disclosure of adequate information, to the holder, as defined in section 1125(a)(1). This permits the court to ensure that the requirements of section 1125 are not avoided by prepetition solicitation. Subsection (c) specifies the required amount and number of acceptances for a class of creditors. A class of creditors has accepted a plan if at least two-thirds in amount and more than one-half in number of the allowed claims of the class that are voted are cast in favor of the plan. The amount and number are computed on the basis of claims actually voted for or against the plan, not as under chapter X [chapter 10 of former title 11] on the basis of the allowed claims in the class. Subsection (f) excludes from all these calculations claims not voted in good faith, and claims procured or solicited not in good faith or not in accordance with the provisions of this title. Subsection (c) requires that the same disclosure statement be transmitted to each member of a class. It recognizes that the information needed for an informed judgment about the plan may differ among classes. A class whose rights under the plan center on a particular fund or asset would have no use for an extensive description of other matters that could not affect them. Subsection (d) relieves the court of the need to follow any otherwise applicable Federal or state law in determining the adequacy of the information contained in the disclosure statement submitted for its approval. It authorizes an agency or official, Federal or state, charged with administering cognate laws so pre-empted to advise the court on the adequacy of proposed disclosure statement. But they are not authorized to appeal the court’s decision. Solicitations with respect to a plan do not involve just mere requests for opinions. Acceptance of the plan vitally affects creditors and shareholders, and most frequently the solicitation involves an offering of securities in exchange for claims or interests. The present Bankruptcy Act [former title 11] has exempted such offerings under each of its chapters from the registration and disclosure requirements of the Securities Act of 1933 [15 U.S.C. 77a et seq.], an exemption also continued by section 1145 of this title. The extension of the disclosure requirements to all chapter 11 cases is justified by the integration of the separate chapters into the single chapter 11. By the same token, no valid purpose is served by failing to provide exemption from the requirements of similar state laws in a matter under the exclusive jurisdiction of the Federal bankruptcy laws. Under subsection (d), with respect to a class of equity securities, it is sufficient for acceptance of the plan if the amount of securities voting for the plan is at least two-thirds of the total actually voted. Subsection (e) provides that no acceptances are required from any class whose claims or interests are unimpaired under the plan or in the order confirming the plan. Subsection (g) provides that any class denied participation under the plan is conclusively deemed to have rejected the plan. There is obviously no need to submit a plan for a vote by a class that is to receive nothing. But under subsection (g) the excluded class is like a class that has not accepted, and is a dissenting class for purposes of confirmation under section 1130.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (b)(2). Pub. L. 98–353, § 510(a), substituted “1125(a)” for “1125(a)(1)”. Subsec. (d). Pub. L. 98–353, § 510(b), inserted a comma after “such interests”. Subsec. (f). Pub. L. 98–353, § 510(c), substituted “, and each holder of a claim or interest of such class, are conclusively presumed” for “is deemed”, “solicitation” for “solicititation”, and “interests” for “interest”. Subsec. (g). Pub. L. 98–353, § 510(d), substituted “receive or retain any property” for “any payment or compensation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1127 - Modification of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) The proponent of a plan may modify such plan at any time before confirmation, but may not modify such plan so that such plan as modified fails to meet the requirements of sections 1122 and 1123 of this title. After the proponent of a plan files a modification of such plan with the court, the plan as modified becomes the plan.
|
||||
|
||||
(b) The proponent of a plan or the reorganized debtor may modify such plan at any time after confirmation of such plan and before substantial consummation of such plan, but may not modify such plan so that such plan as modified fails to meet the requirements of sections 1122 and 1123 of this title. Such plan as modified under this subsection becomes the plan only if circumstances warrant such modification and the court, after notice and a hearing, confirms such plan as modified, under section 1129 of this title.
|
||||
|
||||
(c) The proponent of a modification shall comply with section 1125 of this title with respect to the plan as modified.
|
||||
|
||||
(d) Any holder of a claim or interest that has accepted or rejected a plan is deemed to have accepted or rejected, as the case may be, such plan as modified, unless, within the time fixed by the court, such holder changes such holder’s previous acceptance or rejection.
|
||||
|
||||
(e) If the debtor is an individual, the plan may be modified at any time after confirmation of the plan but before the completion of payments under the plan, whether or not the plan has been substantially consummated, upon request of the debtor, the trustee, the United States trustee, or the holder of an allowed unsecured claim, to—
|
||||
|
||||
(1) increase or reduce the amount of payments on claims of a particular class provided for by the plan;
|
||||
|
||||
(2) extend or reduce the time period for such payments; or
|
||||
|
||||
(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim made other than under the plan.
|
||||
|
||||
(f) (1) Sections 1121 through 1128 and the requirements of section 1129 apply to any modification under subsection (e).
|
||||
|
||||
(2) The plan, as modified, shall become the plan only after there has been disclosure under section 1125 as the court may direct, notice and a hearing, and such modification is approved.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2635; Pub. L. 98–353, title III, § 511, July 10, 1984, 98 Stat. 386; Pub. L. 109–8, title III, § 321(e), Apr. 20, 2005, 119 Stat. 96; Pub. L. 111–327, § 2(a)(34), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1127(a) of the House amendment adopts a provision contained in the House bill permitting only the proponent of a plan to modify the plan and rejecting the alternative of open modification contained in the Senate amendment.
|
||||
|
||||
senate report no. 95–989Under subsection (a) the proponent may file a proposal to modify a plan prior to confirmation. In the case of a public company the modifying proposal may be filed prior to approval. Subsection (b) provides that a party in interest eligible to file a plan may file instead of a plan a proposal to modify a plan filed by another. Under subsection (c) a party in interest objecting to some feature of a plan may submit a proposal to modify the plan to meet the objection. After a plan has been confirmed, but before its substantial consummation, a plan may be modified by leave of court, which subsection (d) provides shall be granted for good cause. Subsection (e) provides that a proposal to modify a plan is subject to the disclosure requirements of section 1125 and as provided in subsection (f). It provides that a creditor or stockholder who voted for or against a plan is deemed to have accepted or rejected the modifying proposal. But if the modification materially and adversely affects any of their interests, they must be afforded an opportunity to change their vote in accordance with the disclosure and solicitation requirements of section 1125. Under subsection (g) a plan, if modified prior to confirmation, shall be confirmed if it meets the requirements of section 1130.
|
||||
|
||||
house report no. 95–595Subsection (a) permits the proponent of a plan to modify it at any time before confirmation, subject, of course, to the requirements of sections 1122 and 1123, governing classification and contents of a plan. After the proponent of a plan files a modification with the court, the plan as modified becomes the plan, and is to be treated the same as an original plan. Subsection (b) permits modification of a plan after confirmation under certain circumstances. The modification must be proposed before substantial consummation of the plan. The requirements of sections 1122 and 1123 continue to apply. The plan as modified under this subsection becomes the plan only if the court confirms the plan as modified under section 1129 and the circumstances warrant the modification. Subsection (c) requires the proponent of a modification to comply with the disclosure provisions of section 1125. Of course, if the modification were sufficiently minor, the court might determine that additional disclosure was not required under the circumstances. Subsection (d) simplifies modification procedure by deeming any creditor or equity security holder that has already accepted or rejected the plan to have accepted or rejected the modification, unless, within the time fixed by the court, the creditor or equity security holder changes this previous acceptance or rejection.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (f)(1). Pub. L. 111–327 substituted “subsection (e)” for “subsection (a)”. 2005—Subsecs. (e), (f). Pub. L. 109–8 added subsecs. (e) and (f). 1984—Subsec. (a). Pub. L. 98–353, § 511(a), inserted “of a plan” after “After the proponent”, and “of such plan” after “modification”. Subsec. (b). Pub. L. 98–353, § 511(b), substituted “circumstances warrant such modification and the court, after notice and a hearing, confirms such plan as modified, under section 1129 of this title” for “the court, after notice and a hearing, confirms such plan, as modified, under section 1129 of this title, and circumstances warrant such modification”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1128 - Confirmation hearing
|
||||
|
||||
## Text
|
||||
|
||||
(a) After notice, the court shall hold a hearing on confirmation of a plan.
|
||||
|
||||
(b) A party in interest may object to confirmation of a plan.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2635.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989[Section 1129 (enacted as section 1128)] Subsection (a) requires that there be a hearing in every case on the confirmation of the plan. Notice is required. Subsection (b) permits any party in interest to object to the confirmation of the plan. The Securities and Exchange Commission and indenture trustees, as parties in interest under section 1109, may object to confirmation of the plan.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
||||
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||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1141"
|
||||
citation: "11 U.S.C. § 1141"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1141 - Effect of confirmation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (d)(2) and (d)(3) of this section, the provisions of a confirmed plan bind the debtor, any entity issuing securities under the plan, any entity acquiring property under the plan, and any creditor, equity security holder, or general partner in the debtor, whether or not the claim or interest of such creditor, equity security holder, or general partner is impaired under the plan and whether or not such creditor, equity security holder, or general partner has accepted 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 provided in subsections (d)(2) and (d)(3) of this section and except as otherwise provided in the plan or in the order confirming the plan, after confirmation of a plan, the property dealt with by the plan is free and clear of all claims and interests of creditors, equity security holders, and of general partners in the debtor.
|
||||
|
||||
(d) (1) Except as otherwise provided in this subsection, in the plan, or in the order confirming the plan, the confirmation of a plan—
|
||||
|
||||
(A) discharges the debtor from any debt that arose before the date of such confirmation, and any debt of a kind specified in section 502(g), 502(h), or 502(i) of this title, whether or not—
|
||||
|
||||
(i) a proof of the claim based on such debt is filed or deemed filed under section 501 of this title;
|
||||
|
||||
(ii) such claim is allowed under section 502 of this title; or
|
||||
|
||||
(iii) the holder of such claim has accepted the plan; and
|
||||
|
||||
(B) terminates all rights and interests of equity security holders and general partners provided for by the plan.
|
||||
|
||||
(2) A discharge under this chapter does not discharge a debtor who is an individual from any debt excepted from discharge under section 523 of this title.
|
||||
|
||||
(3) The confirmation of a plan does not discharge a debtor if—
|
||||
|
||||
(A) the plan provides for the liquidation of all or substantially all of the property of the estate;
|
||||
|
||||
(B) the debtor does not engage in business after consummation of the plan; and
|
||||
|
||||
(C) the debtor would be denied a discharge under section 727(a) of this title if the case were a case under chapter 7 of this title.
|
||||
|
||||
(4) The court may approve a written waiver of discharge executed by the debtor after the order for relief under this chapter.
|
||||
|
||||
(5) In a case in which the debtor is an individual—
|
||||
|
||||
(A) unless after notice and a hearing the court orders otherwise for cause, confirmation of the plan does not discharge any debt provided for in the plan until the court grants a discharge on completion of all payments under the plan;
|
||||
|
||||
(B) at any time after the confirmation of the plan, and after notice and a hearing, the court may grant a discharge to the debtor who has not completed payments under the plan if—
|
||||
|
||||
(i) the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the estate of the debtor had been liquidated under chapter 7 on such date;
|
||||
|
||||
(ii) modification of the plan under section 1127 is not practicable; and
|
||||
|
||||
(iii) subparagraph (C) permits the court to grant a discharge; and
|
||||
|
||||
(C) the court may grant a discharge if, after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge, the court finds that there is no reasonable cause to believe that—
|
||||
|
||||
(i) section 522(q)(1) may be applicable to the debtor; and
|
||||
|
||||
(ii) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B);
|
||||
|
||||
and if the requirements of subparagraph (A) or (B) are met.
|
||||
|
||||
(6) Notwithstanding paragraph (1), the confirmation of a plan does not discharge a debtor that is a corporation from any debt—
|
||||
|
||||
(A) of a kind specified in paragraph (2)(A) or (2)(B) of section 523(a) that is owed to a domestic governmental unit, or owed to a person as the result of an action filed under subchapter III of chapter 37 of title 31 or any similar State statute; or
|
||||
|
||||
(B) for a tax or customs duty with respect to which the debtor—
|
||||
|
||||
(i) made a fraudulent return; or
|
||||
|
||||
(ii) willfully attempted in any manner to evade or to defeat such tax or such customs duty.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2638; Pub. L. 98–353, title III, § 513, July 10, 1984, 98 Stat. 387; Pub. L. 109–8, title III, §§ 321(d), 330(b), title VII, § 708, Apr. 20, 2005, 119 Stat. 95, 101, 126; Pub. L. 111–327, § 2(a)(36), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1141(d) of the House amendment is derived from a comparable provision contained in the Senate amendment. However, section 1141(d)(2) of the House amendment is derived from the House bill as preferable to the Senate amendment. It is necessary for a corporation or partnership undergoing reorganization to be able to present its creditors with a fixed list of liabilities upon which the creditors or third parties can make intelligent decisions. Retaining an exception for discharge with respect to nondischargeable taxes would leave an undesirable uncertainty surrounding reorganizations that is unacceptable. Section 1141(d)(3) is derived from the Senate amendment. Section 1141(d)(4) is likewise derived from the Senate amendment.
|
||||
|
||||
senate report no. 95–989Subsection (a) of this section makes the provisions of a confirmed plan binding on the debtor, any entity issuing securities under the plan, any entity acquiring property under the plan, and any creditor, equity security holder, or general partner in the debtor, whether or not the claim or interest of the creditor, equity security holder, or partner is impaired under the plan and whether or not he has accepted the plan. There are two exceptions, enumerated in paragraph (2) and (3) of subsection (d). Unless the plan or the order confirming the plan provides otherwise, the confirmation of a plan vests all of the property of the estate in the debtor and releases it from all claims and interests of creditors, equity security holders and general partners. Subsection (d) contains the discharge for a reorganized debtor. Paragraph (1) specifies that the confirmation of a plan discharges the debtor from any debt that arose before the date of the order for relief unless the plan or the order confirming the plan provides otherwise. The discharge is effective against those claims whether or not proof of the claim is filed (or deemed filed), and whether or not the claim is allowed. The discharge also terminates all rights and interests of equity security holders and general partners provided for by the plan. The paragraph permits the plan or the order confirming the plan to provide otherwise, and excepts certain debts from the discharge as provided in paragraphs (2) and (3). Paragraph (2) of subsection (d) makes clear what taxes remain nondischargeable in the case of a corporate debtor emerging from a reorganization under chapter 11. Nondischargeable taxes in such a reorganization are the priority taxes (under section 507) and tax payments which come due during and after the proceeding under a deferred or part-payment agreement which the debtor had entered into with the tax authority before the bankruptcy proceedings began. On the other hand, a corporation which is taken over by its creditors through a plan of reorganization will not continue to be liable for nonpriority taxes arising from the corporation’s prepetition fraud, failure to file a return, or failure to file a timely return, since the creditors who take over the reorganized company should not bear the burden of acts for which the creditors were not at fault. Paragraph (3) specifies that the debtor is not discharged by the confirmation of a plan if the plan is a liquidating plan and if the debtor would be denied discharge in a liquidation case under section 727. Specifically, if all or substantially all of the distribution under the plan is of all or substantially all of the property of the estate or the proceeds of it, if the business, if any, of the debtor does not continue, and if the debtor would be denied a discharge under section 727 (such as if the debtor were not an individual or if he had committed an act that would lead to a denial of discharge), the chapter 11 discharge is not granted. Paragraph (4) authorizes the court to approve a waiver of discharge by the debtor.
|
||||
|
||||
house report no. 95–595Paragraph (2) [of subsec. (d)] makes applicable to an individual debtor the general exceptions to discharge that are enumerated in section 523(a) of the bankruptcy code.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (d)(5)(B)(iii). Pub. L. 111–327, § 2(a)(36)(A), added cl. (iii). Subsec. (d)(5)(C). Pub. L. 111–327, § 2(a)(36)(B), substituted “the court may grant a discharge if,” for “unless” in introductory provisions and inserted concluding provisions. 2005—Subsec. (d)(2). Pub. L. 109–8, § 321(d)(1), substituted “A discharge under this chapter does not discharge a debtor who is an individual” for “The confirmation of a plan does not discharge an individual debtor”. Subsec. (d)(5). Pub. L. 109–8, § 321(d)(2), added par. (5). Subsec. (d)(5)(C). Pub. L. 109–8, § 330(b), added subpar. (C). Subsec. (d)(6). Pub. L. 109–8, § 708, added par. (6). 1984—Subsec. (a). Pub. L. 98–353, § 513(a), substituted “any creditor, equity security holder, or general partner in” for “any creditor or equity security holder of, or general partner in,”. Subsec. (c). Pub. L. 98–353, § 513(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “After confirmation of a plan, the property dealt with by the plan is free and clear of all claims and interests of creditors, of equity security holders, and of general partners in the debtor, except as otherwise provided in the plan or in the order confirming the plan.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendments by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, with amendments by sections 321(d) and 708 of Pub. L. 109–8 not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, and amendment by section 330(b) of Pub. L. 109–8 applicable with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1142"
|
||||
description: "Implementation of plan"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1142"
|
||||
citation: "11 U.S.C. § 1142"
|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1142 - Implementation of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding any otherwise applicable nonbankruptcy law, rule, or regulation relating to financial condition, the debtor and any entity organized or to be organized for the purpose of carrying out the plan shall carry out the plan and shall comply with any orders of the court.
|
||||
|
||||
(b) The court may direct the debtor and any other necessary party to execute or deliver or to join in the execution or delivery of any instrument required to effect a transfer of property dealt with by a confirmed plan, and to perform any other act, including the satisfaction of any lien, that is necessary for the consummation of the plan.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2639; Pub. L. 98–353, title III, § 514(a), (c), (d), July 10, 1984, 98 Stat. 387.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Pub. L. 98–353, § 514(a), substituted “Implementation” for “Execution” in section catchline. Subsec. (a). Pub. L. 98–353, § 514(c), struck out the comma after “shall carry out the plan”. Subsec. (b). Pub. L. 98–353, § 514(d), inserted “a” after “by”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
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|
||||
section: "1143"
|
||||
citation: "11 U.S.C. § 1143"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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text_hash: "0c7eb2637392799325a600a083479f1a2a6c552973dcb7052c323f4090ba2a09"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1143 - Distribution
|
||||
|
||||
## Text
|
||||
|
||||
If a plan requires presentment or surrender of a security or the performance of any other act as a condition to participation in distribution under the plan, such action shall be taken not later than five years after the date of the entry of the order of confirmation. Any entity that has not within such time presented or surrendered such entity’s security or taken any such other action that the plan requires may not participate in distribution under the plan.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2639.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Section 1143 fixes a 5-year limitation on presentment or surrender of securities or the performance of any other act that is a condition to participation in distribution under the plan. The 5 years runs from the date of the entry of the order of confirmation. Any entity that does not take the appropriate action with the 5-year period is barred from participation in the distribution under the plan.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1144"
|
||||
description: "Revocation of an order of confirmation"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1144"
|
||||
citation: "11 U.S.C. § 1144"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1144"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "5c6cbd563b8b29411f9f4acc4a7c2fd8ee5db712424ae9cb701423248d859a15"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "9a0af0ad4cbb0f77479fde51f148ec2195bba2be0ac35fd07bb3ee478cf3ce8c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1144 - Revocation of an order of confirmation
|
||||
|
||||
## Text
|
||||
|
||||
On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if and only if such order was procured by fraud. An order under this section revoking an order of confirmation shall—
|
||||
|
||||
(1) contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation; and
|
||||
|
||||
(2) revoke the discharge of the debtor.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2639; Pub. L. 98–353, title III, § 515, July 10, 1984, 98 Stat. 387.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989If an order of confirmation was procured by fraud, then the court may revoke the order on request of a party in interest if the request is made before 180 days after the date of the entry of the order of confirmation. The order revoking the order of confirmation must revoke the discharge of the debtor, and contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Pub. L. 98–353 inserted “if and only” after “revoke such order”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1146"
|
||||
description: "Special tax provisions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1146"
|
||||
citation: "11 U.S.C. § 1146"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1146"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "52b3ce2f6e39a9b8650b7a14fbd5c715e8b70acf7de3affdf8053a7384343833"
|
||||
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|
||||
text_hash: "0dcc2fdf17398b196828cd58b84ab20e222c39e90fe99cdf1f9d0f8920ef0a1d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1146 - Special tax provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 or 1191 of this title, may not be taxed under any law imposing a stamp tax or similar tax.
|
||||
|
||||
(b) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of—
|
||||
|
||||
(1) the date on which such governmental unit responds to the request under this subsection; or
|
||||
|
||||
(2) 270 days after such request.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 98–353, title III, § 517, July 10, 1984, 98 Stat. 388; Pub. L. 109–8, title VII, § 719(b)(3), Apr. 20, 2005, 119 Stat. 133; Pub. L. 116–54, § 4(a)(12), Aug. 23, 2019, 133 Stat. 1086.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1146 of the House amendment represents a compromise between the House bill and Senate amendment. Special tax provisions: reorganization: The House bill provided rules on the effect of bankruptcy on the taxable year of the debtor and on tax return filing requirements for State and local taxes only. The House bill also exempted from State or local stamp taxes the issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan. The House bill also authorized the bankruptcy court to declare the tax effects of a reorganization plan after the proponent of the plan had requested a ruling from State or local tax authority and either had received an unfavorable ruling or the tax authority had not issued a ruling within 270 days. The Senate amendment deleted the rules concerning the taxable years of the debtor and tax return filing requirements since the Federal rules were to be considered in the next Congress. It broadened the rule exempting transfers of securities to include Federal stamp or similar taxes, if any. In addition, the Senate amendment deleted the provision which permitted the bankruptcy court to determine the tax effects of a plan. The House amendment retains the State and local rules in the House bill with one modification. Under the House amendment, the power of the bankruptcy court to declare the tax effects of the plan is limited to issues of law and not to questions of fact such as the allowance of specific deductions. Thus, the bankruptcy court could declare whether the reorganization qualified for taxfree status under State or local tax rules, but it could not declare the dollar amount of any tax attributes that survive the reorganization.
|
||||
|
||||
senate report no. 95–989Section 1146 provides special tax rules applicable to Title 11 reorganizations. Subsection (a) provides that the taxable period of an individual debtor terminates on the date of the order for relief, unless the case has been converted into a reorganization from a liquidation proceeding. Subsection (b) requires the trustee of the estate of an individual debtor in a reorganization to file a tax return for each taxable period while the case is pending after the order for relief. For corporations in chapter 11, the trustee is required to file the tax returns due while the case is pending (sec. 346(c)(2)). Subsection (c) exempts from Federal, State, or local stamp taxes the issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan. This subsection is derived from section 267 of the present Bankruptcy Act [section 667 of former title 11]. Subsection (d) permits the court to authorize the proponent of a reorganization plan to request from the Internal Revenue Service (or State or local tax authority) an advance ruling on the tax effects of the proposed plan. If a ruling is not obtained within 270 days after the request was made, or if a ruling is obtained but the proponent of the plan disagrees with the ruling, the bankruptcy court may resolve the dispute and determine the tax effects of the proposed plan. Subsection (e) provides that prepetition taxes which are nondischargeable in a reorganization, and all taxes arising during the administration period of the case, may be assessed and collected from the debtor or the debtor’s successor in a reorganization (see sec. 505(c) of the bill).
|
||||
|
||||
house report no. 95–595Section 1146 of title 11 specifies five subsections which embody special tax provisions that apply in a case under chapter 11 of title 11. Subsection (a) indicates that the tax year of an individual debtor terminates on the date of the order for relief under chapter 11. Termination of the taxable year of the debtor commences the tax period of the estate. If the case was converted from chapter 7 of title 11 then the estate is created as a separate taxable entity dating from the order for relief under chapter 7. If multiple conversion of the case occurs, then the estate is treated as a separate taxable entity on the date of the order for relief under the first chapter under which the estate is a separate taxable entity. Subsection (d) permits the court to authorize the proponent of a plan to request a taxing authority to declare the tax effects of such plan. In the event of an actual controversy, the court may declare the tax effects of the plan of reorganization at any time after the earlier of action by such taxing authority or 270 days after the request. Such a declaration, unless appealed, becomes a final judgment and binds any tax authority that was requested by the proponent to determine the tax effects of the plan.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (a). Pub. L. 116–54 inserted “or 1191” after “1129”. 2005—Pub. L. 109–8 redesignated subsecs. (c) and (d) as (a) and (b), respectively, and struck out former subsecs. (a) and (b) which read as follows: “(a) For the purposes of any State or local law imposing a tax on or measured by income, the taxable period of a debtor that is an individual shall terminate on the date of the order for relief under this chapter, unless the case was converted under section 706 of this title. “(b) The trustee shall make a State or local tax return of income for the estate of an individual debtor in a case under this chapter for each taxable period after the order for relief under this chapter during which the case is pending.” 1984—Subsec. (c). Pub. L. 98–353, § 517(a), struck out “State or local” before “law imposing a stamp tax”. Subsec. (d)(1). Pub. L. 98–353, § 517(b), substituted “or” for “and”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentAmendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1161"
|
||||
description: "Inapplicability of other sections"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1161"
|
||||
citation: "11 U.S.C. § 1161"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1161"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "323289d1a60ea57dc2839d44c6fa2b4aad0a12e599061fcd2b38b7e697cf5395"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "7f5977ad12c103f96ec6352a3f45667a51ff667e69825e194590476971c5b74e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1161 - Inapplicability of other sections
|
||||
|
||||
## Text
|
||||
|
||||
Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section makes inapplicable sections of the bill which are either inappropriate in railroad reorganizations, or relate to matters which are otherwise dealt with in subchapter IV.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1162"
|
||||
description: "Definition"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1162"
|
||||
citation: "11 U.S.C. § 1162"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1162"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "37428e1dcc6a71bcc7dfb4ea69fa0666979a19f6bf50a39a325c89a7566e82fd"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "56b3c383e8188408baeee94e0d2a5efca3fde7d0ed0f71ac7fd30cd3dcc2f301"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1162 - Definition
|
||||
|
||||
## Text
|
||||
|
||||
In this subchapter, “Board” means the “Surface Transportation Board”.
|
||||
|
||||
(Added Pub. L. 104–88, title III, § 302(1), Dec. 29, 1995, 109 Stat. 943.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1162, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641, defined “Commission”, prior to repeal by Pub. L. 104–88, title III, § 302(1), Dec. 29, 1995, 109 Stat. 943.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of Title 49, Transportation.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1163"
|
||||
description: "Appointment of trustee"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1163"
|
||||
citation: "11 U.S.C. § 1163"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1163"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "e4fc01b8ac70fe451a22184e550472f69252e1f1436ff3558350c49f7e068185"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "2f8b44f1af55c512b9ebadc8c72f14e0c6038560b139352e31d6bcc348cf3563"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1163 - Appointment of trustee
|
||||
|
||||
## Text
|
||||
|
||||
As soon as practicable after the order for relief the Secretary of Transportation shall submit a list of five disinterested persons that are qualified and willing to serve as trustees in the case. The United States trustee shall appoint one of such persons to serve as trustee in the case.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 99–554, title II, § 226, Oct. 27, 1986, 100 Stat. 3102.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1163 of the House amendment represents a compromise between the House bill and Senate amendment with respect to the appointment of a trustee in a railroad reorganization. As soon as practicable after the order for relief, the Secretary of Transportation is required to submit a list of five disinterested persons who are qualified to serve as trustee and the court will than appoint one trustee from the list to serve as trustee in the case. The House amendment deletes section 1163 of the Senate amendment in order to cover intrastate railroads in a case under subchapter IV of chapter 11. The bill does not confer jurisdiction on the Interstate Commerce Commission with respect to intrastate railroads.
|
||||
|
||||
senate report no. 95–989[Section 1166 (enacted as section 1163)] Requires the court to appoint a trustee in every case. Since the trustee may employ whatever help he needs, multiple trusteeships are unnecessary and add to the cost of administration. The present requirement of section 77(c)(1) [section 205(c)(1) of former title 11] that the trustee be approved by the Interstate Commerce Commission is unnecessary, since the trustee will be selected either from the panel established under section 606(f) of title 28, or someone certified by the Director of the Administrative Office of the United States Courts as qualified to become a member of that panel.
|
||||
|
||||
house report no. 95–595[Section 1162] This section [enacted as section 1163] requires the appointment of an independent trustee in a railroad reorganization case. The court may appoint one or more disinterested persons to serve as trustee in the case.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Pub. L. 99–554 amended section generally, substituting “relief the Secretary” for “relief, the Secretary” and “The United States trustee shall appoint” for “The court shall appoint”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1164"
|
||||
description: "Right to be heard"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1164"
|
||||
citation: "11 U.S.C. § 1164"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1164"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "d96820bcd1bc8b51a40af83feee28be8ddf81738a0e2e135fc56c577469b4ab5"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "1413e6af4c3174ffd106e729784fa64d953f51c0196ddaf95c086882eddf83ea"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1164 - Right to be heard
|
||||
|
||||
## Text
|
||||
|
||||
The Board, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and may appear and be heard on any issue in a case under this chapter, but may not appeal from any judgment, order, or decree entered in the case.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 104–88, title III, § 302(2), Dec. 29, 1995, 109 Stat. 943.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1164 of the Senate amendment is deleted as a matter to be left to the Rules of Bankruptcy Procedure. It is anticipated that the rules will require a petition in a railroad reorganization to be filed with the Interstate Commerce Commission and the Secretary of Transportation in a case concerning an interstate railroad. Section 1164 of the House amendment is derived from section 1163 of the House bill. The section makes clear that the Interstate Commerce Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and appear and be heard on any issue in a case under subchapter IV of chapter 11, but may not appeal from any judgment, order, or decree in the case. As under section 1109 of title 11, such intervening parties are not parties in interest.
|
||||
|
||||
house report no. 95–595[Section 1163] This section [enacted as section 1164] gives the same right to raise, and appear and be heard on, any issue in a railroad reorganization case to the Interstate Commerce Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor as is given to the SEC and indenture trustees under section 1109 in ordinary reorganization cases. The right of appeal is denied the ICC, the Department of Transportation, and State and local regulatory agencies, the same as it is denied the SEC.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1995—Pub. L. 104–88 substituted “Board” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1165"
|
||||
description: "Protection of the public interest"
|
||||
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|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1165"
|
||||
citation: "11 U.S.C. § 1165"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1165 - Protection of the public interest
|
||||
|
||||
## Text
|
||||
|
||||
In applying sections 1166, 1167, 1169, 1170, 1171, 1172, 1173, and 1174 of this title, the court and the trustee shall consider the public interest in addition to the interests of the debtor, creditors, and equity security holders.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1165 of the House amendment represents a modification of sections 1165 and 1167 of the Senate amendment requiring the court and the trustee to consider the broad, general public interest in addition to the interests of the debtor, creditors, and equity security holders in applying specific sections of the subchapter.
|
||||
|
||||
senate report no. 95–989Section 1165 requires the court, in consideration of the relief to be granted upon the filing of an involuntary petition, to take into account the “public interest” in the preservation of the debtor’s rail service. This is an important factor in railroad reorganization, which distinguishes them from other business reorganizations. Hence, this section modifies the provisions in sections 303 and 305 that govern generally when the business of a debtor may continue to operate, when relief under the Act sought should be granted, and when the petition should be dismissed. Section 1167 [enacted as section 1165] imposes on the trustee the obligations, in addition to his other duties and responsibilities, to take into account the “public interest” in the preservation of the debtor’s rail service.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1166"
|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1166"
|
||||
citation: "11 U.S.C. § 1166"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1166 - Effect of subtitle IV of title 49 and of Federal, State, or local regulations
|
||||
|
||||
## Text
|
||||
|
||||
Except with respect to abandonment under section 1170 of this title, or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
|
||||
|
||||
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
|
||||
|
||||
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2642; Pub. L. 97–449, § 5(a)(2), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–353, title III, § 518, July 10, 1984, 98 Stat. 388; Pub. L. 103–394, title V, § 501(d)(34), Oct. 22, 1994, 108 Stat. 4146.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1166 of the House amendment is derived from sections 1164 and 1165 of the House bill. An alternative proposal contained in section 1168(1) of the Senate bill is rejected as violative of the principle of equal treatment of all creditors under title 11.
|
||||
|
||||
senate report no. 95–989Section 1168 [enacted as section 1166] makes the trustee subject to the Interstate Commerce Act [49 U.S.C. 10101 et seq.] and to lawful orders of the Interstate Commerce Commission, the U.S. Department of Transportation, and State and regulatory bodies. The approval of the court is required, however, if the order requires the expenditure of money or the incurring of an expenditure other than the payment of certain interline accounts. The limitation of “lawful orders” of State commissions to those involving “safety, location of tracks, and terminal facilities,” which is contained in present section 77(c)(2) [section 205(c)(2) of former title 11], is eliminated. Subsection (1) further provides that the debtor must pay in cash all amounts owed other carriers for current balances owed for interline freight, passenger and per diem, including incentive per diem, for periods both prior and subsequent to the filing of the petition, without the necessity of court approval. Subsection (2) makes the provisions of the chapter subject to section 601(b) of the Regional Rail Reorganization Act [45 U.S.C. 791(b)], which excludes the Interstate Commerce Commission from any participation in the reorganization of certain northeast railroads that have transferred their rail properties to Consolidated Rail Corporation (Conrail).
|
||||
|
||||
house report no. 95–595Section 1164 [enacted as section 1166] makes the debtor railroad subject to the provisions of the Interstate Commerce Act [49 U.S.C. 10101 et seq.] that are applicable to railroads, and the trustee subject to the orders of the Interstate Commerce Commission to the same extent as the debtor would have been if the case had not been commenced. There are several exceptions. The section does not apply with respect to abandonment of rail lines, which is provided for under section 1169, or with respect to merger under a plan, modification of the financial structure of the debtor by reason of the plan, or the issuance or sale of securities under a plan. Further, the orders of the ICC are not effective if the order would require the expenditure or the incurring of an obligation for the expenditure of money from the estate, unless approved by the court, and the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 791(b)]. [Section 1165 (enacted as section 1166)] The same rules apply with respect to Federal, State, or local regulations. The trustee is subject to the orders of a Federal, State, or local regulatory body to the same extent as the debtor would be if the case had not been commenced. However, any order that would require the expenditure, or the incurring of an obligation for the expenditure, of money is not effective under [until] approved by the court.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 601(b) of the Regional Rail Reorganization Act of 1973, referred to in par. (2), is classified to section 791(b) of Title 45, Railroads.
|
||||
|
||||
Amendments1994—Par. (2). Pub. L. 103–394 struck out “(45 U.S.C. 791(b))” after “Act of 1973”. 1984—Pub. L. 98–353 directed substitution of “subtitle IV of title 49” for “the Interstate Commerce Act (49 U.S.C. 1 et seq.)”, which substitution had previously been made by Pub. L. 97–449. 1983—Pub. L. 97–449 substituted “subtitle IV of title 49” for “Interstate Commerce Act” in section catchline, and “subtitle IV of title 49” for “the Interstate Commerce Act (49 U.S.C. 1 et seq.)” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1167"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1167"
|
||||
citation: "11 U.S.C. § 1167"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1167 - Collective bargaining agreements
|
||||
|
||||
## Text
|
||||
|
||||
Notwithstanding section 365 of this title, neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act except in accordance with section 6 of such Act.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2642; Pub. L. 103–394, title V, § 501(d)(35), Oct. 22, 1994, 108 Stat. 4146.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Section 1176 [enacted as section 1167] is derived from present section 77(n) [section 205(n) of former title 11]. It provides that notwithstanding the general section governing the rejection of executory contracts (section 365), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act [45 U.S.C. 151 et seq.], except in accordance with section 6 of that Act [45 U.S.C. 156]. As reported by the subcommittee this section provided that wages and salaries of rail employees could not be affected by the trustee, but that work rules could be rejected by the trustee. The reorganization court was given the authority to review the trustee’s decisions and to settle any disputes arising from the rejection. This provision was withdrawn by the full committee, and hearings will be conducted next year by the Human Resources Committee in the area of rail labor contracts and the trustee’s ability to reject them in a bankruptcy situation.
|
||||
|
||||
house report no. 95–595Section 1167 is derived from present section 77(n) [section 205(n) of former title 11]. It provides that notwithstanding the general section governing the rejection of executory contracts (section 365), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act [45 U.S.C. 151 et seq.], except in accordance with section 6 of that Act [45 U.S.C. 156]. The subject of railway labor is too delicate and has too long a history for this code to upset established relationships. The balance has been struck over the years. This provision continues that balance unchanged.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Railway Labor Act, referred to in text, is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. Section 6 of the Act is classified to section 156 of Title 45. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
|
||||
|
||||
Amendments1994—Pub. L. 103–394 struck out “(45 U.S.C. 151 et seq.)” after “Railway Labor Act” and “(45 U.S.C. 156)” after “such Act”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1168"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1168"
|
||||
citation: "11 U.S.C. § 1168"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1168 - Rolling stock equipment
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) The right of a secured party with a security interest in or of a lessor or conditional vendor of equipment described in paragraph (2) to take possession of such equipment in compliance with an equipment security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court, except that right to take possession and enforce those other rights and remedies shall be subject to section 362, if—
|
||||
|
||||
(A) before the date that is 60 days after the date of commencement of a case under this chapter, the trustee, subject to the court’s approval, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and
|
||||
|
||||
(B) any default, other than a default of a kind described in section 365(b)(2), under such security agreement, lease, or conditional sale contract—
|
||||
|
||||
(i) that occurs before the date of commencement of the case and is an event of default therewith is cured before the expiration of such 60-day period;
|
||||
|
||||
(ii) that occurs or becomes an event of default after the date of commencement of the case and before the expiration of such 60-day period is cured before the later of—
|
||||
|
||||
(I) the date that is 30 days after the date of the default or event of the default; or
|
||||
|
||||
(II) the expiration of such 60-day period; and
|
||||
|
||||
(iii) that occurs on or after the expiration of such 60-day period is cured in accordance with the terms of such security agreement, lease, or conditional sale contract, if cure is permitted under that agreement, lease, or conditional sale contract.
|
||||
|
||||
(2) The equipment described in this paragraph—
|
||||
|
||||
(A) is rolling stock equipment or accessories used on rolling stock equipment, including superstructures or racks, that is subject to a security interest granted by, leased to, or conditionally sold to a debtor; and
|
||||
|
||||
(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, that is to be surrendered or returned by the debtor in connection with the surrender or return of such equipment.
|
||||
|
||||
(3) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party.
|
||||
|
||||
(b) The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the court’s approval, to extend the 60-day period specified in subsection (a)(1).
|
||||
|
||||
(c) (1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(2), if at any time after the date of commencement of the case under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession of the trustee.
|
||||
|
||||
(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(2), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected.
|
||||
|
||||
(d) With respect to equipment first placed in service on or prior to October 22, 1994, for purposes of this section—
|
||||
|
||||
(1) the term “lease” includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and
|
||||
|
||||
(2) the term “security interest” means a purchase-money equipment security interest.
|
||||
|
||||
(e) With respect to equipment first placed in service after October 22, 1994, for purposes of this section, the term “rolling stock equipment” includes rolling stock equipment that is substantially rebuilt and accessories used on such equipment.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2642; Pub. L. 98–353, title III, § 519, July 10, 1984, 98 Stat. 388; Pub. L. 103–394, title II, § 201(b), Oct. 22, 1994, 108 Stat. 4120; Pub. L. 106–181, title VII, § 744(a), Apr. 5, 2000, 114 Stat. 175.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1168 of the House amendment incorporates a provision contained in section 1166 of the House bill instead of the provision contained in section 1175 of the Senate amendment for the reasons stated in connection with the discussion of section 1110 of the House amendment.
|
||||
|
||||
senate report no. 95–989Section 1175 [enacted as section 1168] continues the protection accorded in present section 77(j) [section 205(j) of former title 11] to the rights of holders of purchase-money equipment security, and of lessors or conditional vendors of railroad rolling stock, but accords to the trustee a limited period within which to assume the debtor’s obligation and to cure any defaults. The rights of such lenders are not affected by the automatic stay and related provisions of sections 362 and 363, or by any power of the court, unless (1) within 60 days after the commencement of the case (or such longer period as may be agreed to by the secured party, lessor or conditional vendor) the trustees, with the approval of the court, agrees to perform all of the debtor’s obligations under the security agreement, lease or conditional sale contract, and (2) all defaults are cured within the 60-day period. Defaults described in section 365(b)(2)—defaults which are breaches of provisions relating to the insolvency or financial condition of the debtor, or the commencement of a case under this title, or the appointment of a trustee—are for obvious reasons, excepted.
|
||||
|
||||
house report no. 95–595[Section 1166] This section [enacted as section 1168], derived with changes from the last sentence of present section 77(j) [section 205(j) of former title 11], protects the interests of rolling stock equipment financers, while providing the trustee with some opportunity to cure defaults, agree to make payments, and retain and use the equipment. The provision is parallel to section 1110, concerning aircraft equipment and vessels.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2000—Pub. L. 106–181 amended section catchline and text generally, substituting present provisions consisting of subsecs. (a) to (e) for former subsecs. (a) to (d) which contained somewhat similar provisions. 1994—Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “(a) The right of a secured party with a purchase-money equipment security interest in, or of a lessor or conditional vendor of, whether as trustee or otherwise, rolling stock equipment or accessories used on such equipment, including superstructures and racks, that are subject to a purchase-money equipment security interest granted by, leased to, or conditionally sold to, the debtor to take possession of such equipment in compliance with the provisions of a purchase-money equipment security agreement, lease, or conditional sale contract, as the case may be, is not affected by section 362 or 363 of this title or by any power of the court to enjoin such taking of possession, unless— “(1) before 60 days after the date of the commencement of a case under this chapter, the trustee, subject to the court’s approval, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract, as the case may be; and “(2) any default, other than a default of a kind specified in section 365(b)(2) of this title, under such security agreement, lease, or conditional sale contract, as the case may be— “(A) that occurred before such date and is an event of default therewith is cured before the expiration of such 60-day period; and “(B) that occurs or becomes an event of default after such date is cured before the later of— “(i) 30 days after the date of such default or event of default; and “(ii) the expiration of such 60-day period. “(b) The trustee and the secured party, lessor, or conditional vendor, as the case may be, whose right to take possession is protected under subsection (a) of this section, may agree, subject to the court’s approval, to extend the 60-day period specified in subsection (a)(1) of this section.” 1984—Subsec. (b). Pub. L. 98–353 inserted a comma after “approval”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of Title 49, Transportation.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1169"
|
||||
description: "Effect of rejection of lease of railroad line"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1169"
|
||||
citation: "11 U.S.C. § 1169"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t11/s1169"
|
||||
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||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1169 - Effect of rejection of lease of railroad line
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b) of this section, if a lease of a line of railroad under which the debtor is the lessee is rejected under section 365 of this title, and if the trustee, within such time as the court fixes, and with the court’s approval, elects not to operate the leased line, the lessor under such lease, after such approval, shall operate the line.
|
||||
|
||||
(b) If operation of such line by such lessor is impracticable or contrary to the public interest, the court, on request of such lessor, and after notice and a hearing, shall order the trustee to continue operation of such line for the account of such lessor until abandonment is ordered under section 1170 of this title, or until such operation is otherwise lawfully terminated, whichever occurs first.
|
||||
|
||||
(c) During any such operation, such lessor is deemed a carrier subject to the provisions of subtitle IV of title 49 that are applicable to railroads.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2643; Pub. L. 97–449, § 5(a)(3), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–353, title III, § 520, July 10, 1984, 98 Stat. 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1169 of the Senate amendment is deleted from the House amendment as unnecessary since 28 U.S.C. 1407 treating with the judicial panel on multi-district litigation will apply by its terms to cases under title 11.
|
||||
|
||||
senate report no. 95–989Section 1177 [enacted as section 1169] continues, essentially without change, the provisions relating to the rejection by the trustee of a lease of a line of railroad now contained in section 77(c)(6) [section 205(c)(6) of former title 11]. Subsection (a) requires the lessor of a line of railroad to operate it if the lease is rejected by the trustee and the trustee, with the approval of the court, elects not to operate the leased line. Subsection (b), however, further provides that if operation by the lessor is impractical or contrary to the public interest, the court shall require the trustee to operate the line for the account of the lessor until the operation is lawfully terminated. Subsection (c) provides that during such operation, the lessor is a carrier subject to the Interstate Commerce Act [49 U.S.C. 10101 et seq.].
|
||||
|
||||
house report no. 95–595[Section 1168] This section [enacted as section 1169] governs the effect of the rejection by the trustee of an unexpired lease of railroad line under which the debtor is the lessee. If the trustee rejects such a lease, and if the trustee, within such time as the court allows, and with the approval of the court, elects not to operate the leased line, then the lessor under the lease must operate the line. Subsection (b) excuses the lessor from the requirement to operate the line under certain circumstances. If operation of the line by the lessor is impracticable or contrary to the public interest, the court, on request of the lessor, must order the trustee to continue operation of the line for the account of the lessor until abandonment is ordered under section 1169, governing abandonments generally, or until the operation is otherwise lawfully terminated, such as by an order of the ICC. Subsection (c) deems the lessor a carrier subject to the provisions of the Interstate Commerce Act [49 U.S.C. 10101 et seq.] during the operation of the line before abandonment.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (c). Pub. L. 98–353 directed substitution of “subtitle IV of title 49” for “the Interstate Commerce Act (49 U.S.C. 1 et seq.)”, which substitution had previously been made by Pub. L. 97–449. 1983—Subsec. (c). Pub. L. 97–449 substituted “subtitle IV of title 49” for “the Interstate Commerce Act (49 U.S.C. § 1 et seq.)”.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1170"
|
||||
description: "Abandonment of railroad line"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1170"
|
||||
citation: "11 U.S.C. § 1170"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1170 - Abandonment of railroad line
|
||||
|
||||
## Text
|
||||
|
||||
(a) The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is—
|
||||
|
||||
(1) (A) in the best interest of the estate; or
|
||||
|
||||
(B) essential to the formulation of a plan; and
|
||||
|
||||
(2) consistent with the public interest.
|
||||
|
||||
(b) If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application.
|
||||
|
||||
(c) After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing.
|
||||
|
||||
(d) (1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final.
|
||||
|
||||
(2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersedeas bond or otherwise, during the pendency of such appeal.
|
||||
|
||||
(e) (1) In authorizing any abandonment of a railroad line under this section, the court shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees as that established under section 11326(a) of title 49.
|
||||
|
||||
(2) Nothing in this subsection shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this subsection.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2643; Pub. L. 96–448, title II, § 227(a), Oct. 14, 1980, 94 Stat. 1931; Pub. L. 98–353, title III, § 521, July 10, 1984, 98 Stat. 388; Pub. L. 104–88, title III, § 302(2), Dec. 29, 1995, 109 Stat. 943; Pub. L. 109–8, title XII, § 1217, Apr. 20, 2005, 119 Stat. 195.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Subsection (a) of section 1178 [enacted as section 1170] permits the court to authorize the abandonment of a railroad line if the abandonment is consistent with the public interest and either in the best interest of the estate or essential to the formulation of a plan. This avoids the normal abandonment requirements of generally applicable railroad regulatory law. Subsection (b) permits some participation by the Interstate Commerce Commission in the abandonment process. The Commission’s role, however, is only advisory. The Commission will represent the public interest, while the trustee and various creditors and equity security holders will represent the interests of those who have invested money in the enterprise. The court will balance the various interests and make an appropriate decision. The subsection specifies that if, except for the pendency of the railroad reorganization case, the proposed abandonment would require Commission approval, then the trustee, with the approval of the court, must initiate an application for the abandonment with the Commission. The court may then fix a time within which the Commission must report to the court on the application. Subsection (c) permits the court to act after it has received the report of the Commission or the time fixed under subsection (b) has expired, whichever occurs first. The court may then authorize the abandonment after notice and a hearing. The notice must go to the Commission, the Secretary of Transportation, the trustee, and party in interest that has requested notice, any affected shipper or community, and any other entity that the court specifies. Subsection (d) stays the enforcement of an abandonment until the time for taking an appeal has expired, or if an appeal has been taken, until the order has become final. However, the court may, and after notice and a hearing, on request of a party in interest authorize termination of service on the line or a portion of the line pending the determination of the appeal. The notice required is the same as that required under subsection (c). If the court authorizes termination of service pending determination of the appeal, an appellant may not obtain a stay of the enforcement of the order authorizing termination, either by the giving of a supersedeas bond or otherwise, during the pendency of the appeal.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (e)(1). Pub. L. 109–8 substituted “section 11326(a)” for “section 11347”. 1995—Subsecs. (b), (c), (d)(2). Pub. L. 104–88 substituted “Board” for “Commission” wherever appearing. 1984—Subsec. (a). Pub. L. 98–353, § 521(a), inserted “of all or a portion” after “the abandonment”. Subsec. (c). Pub. L. 98–353, § 521(b), inserted a comma after “abandonment”. Subsec. (d)(2). Pub. L. 98–353, § 521(c), substituted “such abandonment” for “the abandonment of a railroad line”, and “suspension” for “termination” in two places. 1980—Subsec. (e). Pub. L. 96–448 added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentPub. L. 96–448, title VII, § 710, Oct. 14, 1980, 94 Stat. 1966, provided that: “(a) Except as provided in subsections (b), (c), and (d) of this section, the provisions of this Act and the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1980. “(b) Section 206 of this Act [enacting former section 10712 of Title 49, Transportation] shall take effect on January 1, 1981. “(c) Section 218(b) of this Act [amending former section 10705 of Title 49] shall take effect on October 1, 1983. “(d) Section 701 of this Act [enacting section 1018 of Title 45, Railroads, and amending sections 231f, 825, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45] shall take effect on the date of enactment of this Act [Oct. 14, 1980].”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1171"
|
||||
description: "Priority claims"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1171"
|
||||
citation: "11 U.S.C. § 1171"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1171 - Priority claims
|
||||
|
||||
## Text
|
||||
|
||||
(a) There shall be paid as an administrative expense any claim of an individual or of the personal representative of a deceased individual against the debtor or the estate, for personal injury to or death of such individual arising out of the operation of the debtor or the estate, whether such claim arose before or after the commencement of the case.
|
||||
|
||||
(b) Any unsecured claim against the debtor that would have been entitled to priority if a receiver in equity of the property of the debtor had been appointed by a Federal court on the date of the order for relief under this title shall be entitled to the same priority in the case under this chapter.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2643; Pub. L. 98–353, title III, § 522, July 10, 1984, 98 Stat. 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1171 of the House amendment is derived from section 1170 of the House bill in lieu of section 1173(a)(9) of the Senate amendment.
|
||||
|
||||
house report no. 95–595[Section 1170] This section [enacted as section 1171] is derived from current law. Subsection (a) grants an administrative expense priority to the claim of any individual (or of the personal representative of a deceased individual) against the debtor or the estate for personal injury to or death of the individual arising out of the operation of the debtor railroad or the estate, whether the claim arose before or after commencement of the case. The priority under current law, found in section 77(n) [section 205(n) of former title 11], applies only to employees of the debtor. This subsection expands the protection provided. Subsection (b) follows present section 77(b) of the Bankruptcy Act [section 205(b) of former title 11] by giving priority to any unsecured claims that would be entitled to priority if a receiver in equity of the property of the debtor had been appointed by a Federal court on the date of the order for relief under the bankruptcy laws. As under current law, the courts will determine the precise contours of the priority recognized by this subsection in each case.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (b). Pub. L. 98–353 substituted “the same” for “such”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1172"
|
||||
description: "Contents of plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1172"
|
||||
citation: "11 U.S.C. § 1172"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
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source_identifier: "/us/usc/t11/s1172"
|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1172 - Contents of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) In addition to the provisions required or permitted under section 1123 of this title, a plan—
|
||||
|
||||
(1) shall specify the extent to and the means by which the debtor’s rail service is proposed to be continued, and the extent to which any of the debtor’s rail service is proposed to be terminated; and
|
||||
|
||||
(2) may include a provision for—
|
||||
|
||||
(A) the transfer of any or all of the operating railroad lines of the debtor to another operating railroad; or
|
||||
|
||||
(B) abandonment of any railroad line in accordance with section 1170 of this title.
|
||||
|
||||
(b) If, except for the pendency of the case under this chapter, transfer of, or operation of or over, any of the debtor’s rail lines by an entity other than the debtor or a successor to the debtor under the plan would require approval by the Board under a law of the United States, then a plan may not propose such a transfer or such operation unless the proponent of the plan initiates an appropriate application for such a transfer or such operation with the Board and, within such time as the court may fix, not exceeding 180 days, the Board, with or without a hearing, as the Board may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Board approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5.
|
||||
|
||||
(c) (1) In approving an application under subsection (b) of this section, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees as that established under section 11326(a) of title 49.
|
||||
|
||||
(2) Nothing in this subsection shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this subsection.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2644; Pub. L. 96–448, title II, § 227(b), Oct. 14, 1980, 94 Stat. 1931; Pub. L. 104–88, title III, § 302(2), Dec. 29, 1995, 109 Stat. 943; Pub. L. 109–8, title XII, § 1218, Apr. 20, 2005, 119 Stat. 195.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1172 of the House amendment is derived from section 1171 of the House bill in preference to section 1170 of the Senate amendment with the exception that section 1170(4) of the Senate amendment is incorporated into section 1172(a)(1) of the House amendment. Section 1172(b) of the House amendment is derived from section 1171(c) of the Senate amendment. The section gives the Interstate Commerce Commission the exclusive power to approve or disapprove the transfer of, or operation of or over, any of the debtor’s rail lines over which the Commission has jurisdiction, subject to review under the Administrative Procedures Act [5 U.S.C. 551 et seq. and 701 et seq.]. The section does not apply to a transfer of railroad lines to a successor of the debtor under a plan of reorganization by merger or otherwise. The House amendment deletes section 1171(a) of the Senate amendment as a matter to be determined by the Rules of Bankruptcy Procedure. It is anticipated that the rules will specify the period of time, such as 18 months, within which a trustee must file with the court a proposed plan of reorganization for the debtor or a report why a plan cannot be formulated. Incorporation by reference of section 1121 in section 1161 of title 11 means that a party in interest will also have a right to file a plan of reorganization. This differs from the position taken in the Senate amendment which would have permitted the Interstate Commerce Commission to file a plan of reorganization.
|
||||
|
||||
senate report no. 95–989Section 1170 adds to the general provisions required or permitted in reorganization plans by section 1123. Subsection (1) requires that a reorganization plan under the railroad subchapter specify the means by which the value of the claims of creditors and the interests of equity holders which are materially and adversely affected by the plan are to be realized. Subsection (2) permits a plan to include provisions for the issuance of warrants. Subsection (3) requires that the plan provide for fixed charges by probable earnings for their payment. Subsection (4) requires that the plan specify the means by which, and the extent to which, the debtor’s rail service is to be continued, and shall identify any rail service to be terminated. Subsection (5) permits other appropriate provisions not inconsistent with the chapter. With the exception of subsection (4), the requirements are comparable to those of present section 77(b) [section 205(b) of former title 11]; subsection (4) emphasizes the public interest in the preservation of rail transportation. Section 1171 imposes on the court, rather than the Interstate Commerce Commission, as in present section 77 [section 205 of former title 11], the responsibility for the plan of reorganization. The Commission is empowered to make final decisions subject only to review by the court under the standards of the Administrative Procedure Act [5 U.S.C. 551 et seq. and 701 et seq.] as to any part of the plan which deals with transportation matters, such as the grant of operating rights of or over, or transfer of, the debtor’s rail lines to other carriers. Subsection (a) requires the trustee to file a plan of reorganization within 18 months after the petition is filed, and permits the court, for good cause shown, to extend such time limit. Subsection (b) permits a plan to be proposed by any interested person, and permits the trustee to revise his plan at any time before it is approved by the court. Subsections (c), (d) and (e) require the court, when a plan is submitted by the trustee or, if the court deems it worthy of consideration, a plan submitted is proposed by any other person proposes the transfer of, or operation of or over, any of the debtor’s lines by other carriers, to refer to such provisions of the plan to the Interstate Commerce Commission. The Commission, within 240 days, and after a hearing if the Commission so determines, is to report to the court the effects of such provisions of the plan in the light of national transportation policy and sections 5(3)(f)(A), (B), and (D), (F)–(I) of the Interstate Commerce Act [49 U.S.C. 11350(b)(1), (2), (4), (6)–(9)]. The report of the Commission is conclusive in all further hearings on the plan by the court, subject only to review pursuant to 5 U.S.C. 706(2)(A)–(D).
|
||||
|
||||
house report no. 95–595[Section 1171 (enacted as section 1172)] A plan in a railroad reorganization case may include provisions in addition to those required and permitted under an ordinary reorganization plan. It may provide for the transfer of any or all of the operating railroad lines of the debtor to another operating railroad. Paragraph (1) contemplates a liquidating plan for the debtor’s rail lines, much as occurred in the Penn Central case by transfer of operating lines to ConRail. Such a liquidating plan is not per se contrary to the public interest, and the court will have to determine on a case-by-case basis, with the guidance of the Interstate Commerce Commission and of other parties in interest, whether the particular plan proposed is in the public interest, as required under proposed 11 U.S.C. 1172(3). The plan may also provide for abandonment in accordance with section 1169, governing abandonment generally. Neither of these provisions in a plan, transfer or abandonment of lines, requires ICC approval. Confirmation of the plan by the court authorizes the debtor to comply with the plan in accordance with section 1142(a) notwithstanding any bankruptcy law to the contrary.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (c)(1). Pub. L. 109–8 substituted “section 11326(a)” for “section 11347”. 1995—Subsecs. (b), (c)(1). Pub. L. 104–88 substituted “Board” for “Commission” wherever appearing. 1980—Subsec. (c). Pub. L. 96–448 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 1170 of this title.
|
||||
|
||||
Nonapplication of Subsec. (c)For provision that subsec. (c) of this section does not apply to Amtrak and its employees, see section 142(d) of Pub. L. 105–134, set out in an Employee Protection Reforms note under section 24706 of Title 49, Transportation.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1173"
|
||||
description: "Confirmation of plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1173"
|
||||
citation: "11 U.S.C. § 1173"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1173 - Confirmation of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) The court shall confirm a plan if—
|
||||
|
||||
(1) the applicable requirements of section 1129 of this title have been met;
|
||||
|
||||
(2) each creditor or equity security holder will receive or retain under the plan property of a value, as of the effective date of the plan, that is not less than the value of property that each such creditor or equity security holder would so receive or retain if all of the operating railroad lines of the debtor were sold, and the proceeds of such sale, and the other property of the estate, were distributed under chapter 7 of this title on such date;
|
||||
|
||||
(3) in light of the debtor’s past earnings and the probable prospective earnings of the reorganized debtor, there will be adequate coverage by such prospective earnings of any fixed charges, such as interest on debt, amortization of funded debt, and rent for leased railroads, provided for by the plan; and
|
||||
|
||||
(4) the plan is consistent with the public interest.
|
||||
|
||||
(b) If the requirements of subsection (a) of this section are met with respect to more than one plan, the court shall confirm the plan that is most likely to maintain adequate rail service in the public interest.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2644; Pub. L. 98–353, title III, § 523, July 10, 1984, 98 Stat. 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1173 of the House amendment concerns confirmation of a plan of railroad reorganization and is derived from section 1172 of the House bill as modified. In particular, section 1173(a)(3) of the House amendment is derived from section 1170(3) of the Senate amendment. Section 1173(b) is derived from section 1173(a)(8) of the Senate amendment.
|
||||
|
||||
senate report no. 95–989Section 1173 adapts the provisions dealing with reorganization plans generally contained in section 1130 to the particular requirements of railroad reorganization plans, as set out in present section 77(e) [section 205(e) of former title 11]. Subsection (a) specifies the findings which the court must make before approving a plan: (1) The plan complies with the applicable provisions of the chapter; (2) the proponent of the plan complies with the applicable provisions of the chapter; (3) the plan has been proposed in good faith; (4) any payments for services or for costs or expenses in connection with the case or the plan are disclosed to the court and are reasonable, or, if to be paid later, are subject to the approval of the court as reasonable; (5) the proponent of the plan has disclosed the identity and affiliations of the individuals who will serve as directors, officers, or voting trustees, such appointments or continuations in office are consistent with the interests of creditors, equity security holders, and the proponent the public, and has disclosed the identity and compensation of any insider who will be employed or retained under the plan; (6) that rate changes proposed in the plan have been approved by the appropriate regulatory commission, or that the plan is contingent on such approval; (7) that confirmation of the plan is not likely to be followed by further reorganization or liquidation, unless it is contemplated by the plan; (8) that the plan, if there is more than one, is the one most likely to maintain adequate rail service and (9) that the plan provides the priority traditionally accorded by section 77(b) [section 205(b) of former title 11] to claims by rail creditors for necessary services rendered during the 6 months preceding the filing of the petition in bankruptcy. Subsection (b) continues the present power of the court in section 77(e) [section 205(e) of former title 11] to confirm a plan over the objections of creditors or equity security holders who are materially and adversely affected. The subsection also confirms the authority of the court to approve a transfer of all or part of a debtor’s property or its merger over the objections of equity security holders if it finds (1) that the “public interest” in continued rail transportation outweighs any adverse effect on creditors and equity security holders, and (2) that the plan is fair and equitable, affords due recognition to the rights of each class, and does not discriminate unfairly against any class. Subsection (c) permits modification of a plan confirmed by a final order only for fraud.
|
||||
|
||||
house report no. 95–595[Section 1172] This section [enacted as section 1173] requires the court to confirm a plan if the applicable requirements of section 1129 (relating to confirmation of reorganization plans generally) are met, if the best interest test is met, and if the plan is compatible with the public interest. The test in this paragraph is similar to the test prescribed for ordinary corporate reorganizations. However, since a railroad cannot liquidate its assets and sell them for scrap to satisfy its creditors, the test focuses on the value of the railroad as a going concern. That is, the test is based on what the assets, sold as operating rail lines, would bring. The public interest requirement, found in current law, will now be decided by the court, with the ICC representing the public interest before the court, rather than in the first instance by the ICC. Liquidation of the debtor is not, per se, contrary to the public interest.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (a)(4). Pub. L. 98–353 substituted “consistent” for “compatible”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1174"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1174 - Liquidation
|
||||
|
||||
## Text
|
||||
|
||||
On request of a party in interest and after notice and a hearing, the court may, or, if a plan has not been confirmed under section 1173 of this title before five years after the date of the order for relief, the court shall, order the trustee to cease the debtor’s operation and to collect and reduce to money all of the property of the estate in the same manner as if the case were a case under chapter 7 of this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2644.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1174 of the House amendment represents a compromise between the House bill and Senate amendment on the issue of liquidation of a railroad. The provision permits a party in interest at any time to request liquidation. In addition, if a plan has not been confirmed under section 1173 of the House amendment before 5 years after the date of order for relief, the court must order the trustee to cease the debtor’s operation and to collect and reduce to money all of the property of the estate in the same manner as if the case were a case under chapter 7 of title 11. The approach differs from the conversion to chapter 7 under section 1174 of the Senate bill in order to make special provisions contained in subchapter IV of chapter 11 applicable to liquidation. However, maintaining liquidation in the context of chapter 11 is not intended to delay liquidation of the railroad to a different extent than if the case were converted to chapter 7. Although the House amendment does not adopt provisions contained in sections 1170(1), (2), (3), or (5), of the Senate amendment such provisions are contained explicitly or implicitly in section 1123 of the House amendment.
|
||||
|
||||
senate report no. 95–989Section 1174 permits the court to convert the case to a liquidation under chapter 7 if the court finds that the debtor cannot be reorganized, or if various time limits specified in the subchapter are not met. Section 77 [section 205 of former title 11] does not authorize a liquidation of a railroad under the Bankruptcy Act [former title 11]. If the railroad is not reorganizable, the only action open to the court is to dismiss the petition, which would in all likelihood be followed by a State court receivership, with all of its attendant disadvantages. If reorganization is impossible, the debtor should be liquidated under the Bankruptcy Act.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
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||||
title: "11 U.S.C. § 1181"
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
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|
||||
section: "1181"
|
||||
citation: "11 U.S.C. § 1181"
|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1181 - Inapplicability of other sections
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Sections 105(d), 1101(1), 1104, 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 1123(c), 1127, 1129(a)(15), 1129(b), 1129(c), 1129(e), and 1141(d)(5) of this title do not apply in a case under this subchapter.
|
||||
|
||||
(b) Court Authority.— Unless the court for cause orders otherwise, paragraphs (1), (2), and (4) of section 1102(a) and sections 1102(b), 1103, and 1125 of this title do not apply in a case under this subchapter.
|
||||
|
||||
(c) Special Rule for Discharge.— If a plan is confirmed under section 1191(b) of this title, section 1141(d) of this title shall not apply, except as provided in section 1192 of this title.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1079.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "11 U.S.C. § 1182"
|
||||
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1182 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
In this subchapter:
|
||||
|
||||
(1) Debtor.— The term “debtor” means a small business debtor.
|
||||
|
||||
(2) Debtor in possession.— The term “debtor in possession” means the debtor, unless removed as debtor in possession under section 1185(a) of this title.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1079; amended Pub. L. 116–136, div. A, title I, § 1113(a)(1), (5), Mar. 27, 2020, 134 Stat. 310, 311; Pub. L. 117–151, § 2(d), (i)(1)(B), June 21, 2022, 136 Stat. 1298, 1300.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Par. (1). Pub. L. 117–151, § 2(i)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) and (B) defining “debtor”. Pub. L. 117–151, § 2(d), amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘debtor’ means a small business debtor.” 2020—Par. (1). Pub. L. 116–136, § 1113(a)(5), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) and (B) defining “debtor”. Pub. L. 116–136, § 1113(a)(1), temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘debtor’ means a small business debtor.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentAmendment by section 2(d) of Pub. L. 117–151 applicable with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see section 2(h)(2) of Pub. L. 117–151, set out as an Effective Date of 2022 Amendment; Retroactive Application note under section 101 of this title. Pub. L. 117–151, § 2(i)(1), June 21, 2022, 136 Stat. 1300, provided in part that the amendment made by section 2(i)(1)(B) is effective on the date that is 2 years after June 21, 2022.
|
||||
|
||||
Effective Date of 2020 AmendmentPub. L. 116–136, div. A, title I, § 1113(a)(3), Mar. 27, 2020, 134 Stat. 311, provided that: “The amendment made by paragraph (1) [amending this section] shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act [Mar. 27, 2020].” Pub. L. 116–136, div. A, title I, § 1113(a)(5), Mar. 27, 2020, 134 Stat. 311, as amended by Pub. L. 117–5, § 2(a)(1), Mar. 27, 2021, 135 Stat. 249, provided in part that the amendment made by section 1113(a)(5) of Pub. L. 116–136 is effective 2 years after Mar. 27, 2020.
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
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|
||||
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|
||||
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||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1183 - Trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this subchapter, and if such individual qualifies as a trustee under section 322 of this title, then that individual shall serve as trustee in any case under this subchapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary.
|
||||
|
||||
(b) Duties.— The trustee shall—
|
||||
|
||||
(1) perform the duties specified in paragraphs (2), (5), (6), (7), and (9) of section 704(a) of this title;
|
||||
|
||||
(2) perform the duties specified in paragraphs (3), (4), and (7) of section 1106(a) of this title, if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;
|
||||
|
||||
(3) appear and be heard at the status conference under section 1188 of this title and any hearing that concerns—
|
||||
|
||||
(A) the value of property subject to a lien;
|
||||
|
||||
(B) confirmation of a plan filed under this subchapter;
|
||||
|
||||
(C) modification of the plan after confirmation; or
|
||||
|
||||
(D) the sale of property of the estate;
|
||||
|
||||
(4) ensure that the debtor commences making timely payments required by a plan confirmed under this subchapter;
|
||||
|
||||
(5) if the debtor ceases to be a debtor in possession—
|
||||
|
||||
(A) perform the duties specified in section 704(a)(8) and paragraphs (1), (2), and (6) of section 1106(a) of this title; and
|
||||
|
||||
(B) be authorized to operate the business of the debtor;
|
||||
|
||||
(6) if there is a claim for a domestic support obligation with respect to the debtor, perform the duties specified in section 704(c) of this title; and
|
||||
|
||||
(7) facilitate the development of a consensual plan of reorganization.
|
||||
|
||||
(c) Termination of Trustee Service.— (1) In general.— If the plan of the debtor is confirmed under section 1191(a) of this title, the service of the trustee in the case shall terminate when the plan has been substantially consummated, except that the United States trustee may reappoint a trustee as needed for performance of duties under subsection (b)(3)(C) of this section and section 1185(a) of this title.
|
||||
|
||||
(2) Service of notice of substantial consummation.— Not later than 14 days after the plan of the debtor is substantially consummated, the debtor shall file with the court and serve on the trustee, the United States trustee, and all parties in interest notice of such substantial consummation.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1079; amended Pub. L. 117–151, § 2(e), June 21, 2022, 136 Stat. 1299.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (b)(5). Pub. L. 117–151 substituted “possession—” for “possession,”, designated remainder of existing provisions as subpar. (A), struck out “, including operating the business of the debtor” after “1106(a) of this title”, inserted “and” at end, and added subpar. (B).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–151 applicable with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see section 2(h)(2) of Pub. L. 117–151, set out as an Effective Date of 2022 Amendment; Retroactive Application note under section 101 of this title.
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1184"
|
||||
description: "Rights and powers of a debtor in possession"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1184"
|
||||
citation: "11 U.S.C. § 1184"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1184 - Rights and powers of a debtor in possession
|
||||
|
||||
## Text
|
||||
|
||||
Subject to such limitations or conditions as the court may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all functions and duties, except the duties specified in paragraphs (2), (3), and (4) of section 1106(a) of this title, of a trustee serving in a case under this chapter, including operating the business of the debtor.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1080.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1185"
|
||||
description: "Removal of debtor in possession"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1185"
|
||||
citation: "11 U.S.C. § 1185"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1185 - Removal of debtor in possession
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the date of commencement of the case, or for failure to perform the obligations of the debtor under a plan confirmed under this subchapter.
|
||||
|
||||
(b) Reinstatement.— On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1080.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1186"
|
||||
description: "Property of the estate"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1186"
|
||||
citation: "11 U.S.C. § 1186"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1186"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1186 - Property of the estate
|
||||
|
||||
## Text
|
||||
|
||||
(a) Inclusions.— If a plan is confirmed under section 1191(b) of this title, property of the estate includes, in addition to the property specified in section 541 of this title—
|
||||
|
||||
(1) all property of the kind specified in that section that the debtor acquires after the date of commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13 of this title, whichever occurs first; and
|
||||
|
||||
(2) earnings from services performed by the debtor after the date of commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 12, or 13 of this title, whichever occurs first.
|
||||
|
||||
(b) Debtor Remaining in Possession.— Except as provided in section 1185 of this title, a plan confirmed under this subchapter, or an order confirming a plan under this subchapter, the debtor shall remain in possession of all property of the estate.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1081.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1187"
|
||||
description: "Duties and reporting requirements of debtors"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1187"
|
||||
citation: "11 U.S.C. § 1187"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1187 - Duties and reporting requirements of debtors
|
||||
|
||||
## Text
|
||||
|
||||
(a) Filing Requirements.— Upon electing to be a debtor under this subchapter, the debtor shall file the documents required by subparagraphs (A) and (B) of section 1116(1) of this title.
|
||||
|
||||
(b) Other Applicable Provisions.— A debtor, in addition to the duties provided in this title and as otherwise required by law, shall comply with the requirements of section 308 and paragraphs (2), (3), (4), (5), (6), and (7) of section 1116 of this title.
|
||||
|
||||
(c) Separate Disclosure Statement Exemption.— If the court orders under section 1181(b) of this title that section 1125 of this title applies, section 1125(f) of this title shall apply.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1081.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1188"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1188"
|
||||
citation: "11 U.S.C. § 1188"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1188 - Status conference
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Except as provided in subsection (b), not later than 60 days after the entry of the order for relief under this chapter, the court shall hold a status conference to further the expeditious and economical resolution of a case under this subchapter.
|
||||
|
||||
(b) Exception.— The court may extend the period of time for holding a status conference under subsection (a) if the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable.
|
||||
|
||||
(c) Report.— Not later than 14 days before the date of the status conference under subsection (a), the debtor shall file with the court and serve on the trustee and all parties in interest a report that details the efforts the debtor has undertaken and will undertake to attain a consensual plan of reorganization.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1081.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1189"
|
||||
description: "Filing of the plan"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1189"
|
||||
citation: "11 U.S.C. § 1189"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1189 - Filing of the plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Who May File a Plan.— Only the debtor may file a plan under this subchapter.
|
||||
|
||||
(b) Deadline.— The debtor shall file a plan not later than 90 days after the order for relief under this chapter, except that the court may extend the period if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1081.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1190"
|
||||
description: "Contents of plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1190"
|
||||
citation: "11 U.S.C. § 1190"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t11/s1190"
|
||||
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|
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1190 - Contents of plan
|
||||
|
||||
## Text
|
||||
|
||||
A plan filed under this subchapter—
|
||||
|
||||
(1) shall include—
|
||||
|
||||
(A) a brief history of the business operations of the debtor;
|
||||
|
||||
(B) a liquidation analysis; and
|
||||
|
||||
(C) projections with respect to the ability of the debtor to make payments under the proposed plan of reorganization;
|
||||
|
||||
(2) shall provide for the submission of all or such portion of the future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan; and
|
||||
|
||||
(3) notwithstanding section 1123(b)(5) of this title, may modify the rights of the holder of a claim secured only by a security interest in real property that is the principal residence of the debtor if the new value received in connection with the granting of the security interest was—
|
||||
|
||||
(A) not used primarily to acquire the real property; and
|
||||
|
||||
(B) used primarily in connection with the small business of the debtor.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1082.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1191"
|
||||
description: "Confirmation of plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1191"
|
||||
citation: "11 U.S.C. § 1191"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1191"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1191 - Confirmation of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Terms.— The court shall confirm a plan under this subchapter only if all of the requirements of section 1129(a), other than paragraph (15) of that section, of this title 11 So in original. The words “of this title” probably should follow “1129(a)”. are met.
|
||||
|
||||
(b) Exception.— Notwithstanding section 510(a) of this title, if all of the applicable requirements of section 1129(a) of this title, other than paragraphs (8), (10), and (15) of that section, are met with respect to a plan, the court, on request of the debtor, shall confirm the plan notwithstanding the requirements of such paragraphs if the plan does not discriminate unfairly, and is fair and equitable, with respect to each class of claims or interests that is impaired under, and has not accepted, the plan.
|
||||
|
||||
(c) Rule of Construction.— For purposes of this section, the condition that a plan be fair and equitable with respect to each class of claims or interests includes the following requirements:
|
||||
|
||||
(1) With respect to a class of secured claims, the plan meets the requirements of section 1129(b)(2)(A) of this title.
|
||||
|
||||
(2) As of the effective date of the plan—
|
||||
|
||||
(A) the plan provides that all of the projected disposable income of the debtor to be received in the 3-year period, or such longer period not to exceed 5 years as the court may fix, beginning on the date that the first payment is due under the plan will be applied to make payments under the plan; or
|
||||
|
||||
(B) the value of the property to be distributed under the plan in the 3-year period, or such longer period not to exceed 5 years as the court may fix, beginning on the date on which the first distribution is due under the plan is not less than the projected disposable income of the debtor.
|
||||
|
||||
(3) (A) The debtor will be able to make all payments under the plan; or
|
||||
|
||||
(B) (i) there is a reasonable likelihood that the debtor will be able to make all payments under the plan; and
|
||||
|
||||
(ii) the plan provides appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that the payments are not made.
|
||||
|
||||
(d) Disposable Income.— For purposes of this section, the term “disposable income” means the income that is received by the debtor and that is not reasonably necessary to be expended—
|
||||
|
||||
(1) for—
|
||||
|
||||
(A) the maintenance or support of the debtor or a dependent of the debtor; or
|
||||
|
||||
(B) a domestic support obligation that first becomes payable after the date of the filing of the petition; or
|
||||
|
||||
(2) for the payment of expenditures necessary for the continuation, preservation, or operation of the business of the debtor.
|
||||
|
||||
(e) Special Rule.— Notwithstanding section 1129(a)(9)(A) of this title, a plan that provides for the payment through the plan of a claim of a kind specified in paragraph (2) or (3) of section 507(a) of this title may be confirmed under subsection (b) of this section.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1082; amended Pub. L. 116–260, div. N, title III, § 320(c), (f)(2)(A)(iii), Dec. 27, 2020, 134 Stat. 2016, 2017; Pub. L. 117–151, § 2(f), June 21, 2022, 136 Stat. 1299.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (c)(3). Pub. L. 117–151 added par. (3) and struck out former par. (3) which read as follows: “(3)(A)(i) The debtor will be able to make all payments under the plan; or “(ii) there is a reasonable likelihood that the debtor will be able to make all payments under the plan; and “(B) the plan provides appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that the payments are not made.” 2020—Subsec. (f). Pub. L. 116–260, § 320(f)(2)(A)(iii), contingent on its addition by Pub. L. 116–260, § 320(c), struck out subsec. (f). Text read as follows: “Notwithstanding section 1129(a)(9)(A) of this title and subsection (e) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed under subsection (b) of this section if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.” Pub. L. 116–260, § 320(c), added subsec. (f).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–151 applicable with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see section 2(h)(2) of Pub. L. 117–151, set out as an Effective Date of 2022 Amendment; Retroactive Application note under section 101 of this title.
|
||||
|
||||
Effective and Termination Dates of 2020 AmendmentAmendment by section 320(c) of div. N of Pub. L. 116–260 effective on the date on which the Administrator of the Small Business Administration submits to the Director of the Executive Office for United States Trustees a written determination relating to loan eligibility under pars. (36) and (37) of section 636(a) of Title 15, Commerce and Trade, and applicable to any case pending on or commenced on or after such date, and amendment by section 320(f)(2)(A)(iii) of div. N of Pub. L. 116–260, relating to repeal of such amendment if it became effective, effective two years after Dec. 27, 2020, see section 320(f) of Pub. L. 116–260, set out as a note under section 364 of this title. [Pursuant to 15 U.S.C. 636(a)(36)(A)(iii), the “covered period” for loans under the Paycheck Protection Program ended on June 30, 2021.]
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1192"
|
||||
description: "Discharge"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1192"
|
||||
citation: "11 U.S.C. § 1192"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1192"
|
||||
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|
||||
source_hash: "95d3e4727e57a2d424362e5a540fa2080d3a6422794a3bd545a8ded8a7f77cbe"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1192 - Discharge
|
||||
|
||||
## Text
|
||||
|
||||
If the plan of the debtor is confirmed under section 1191(b) of this title, as soon as practicable after completion by the debtor of all payments due within the first 3 years of the plan, or such longer period not to exceed 5 years as the court may fix, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided in section 1141(d)(1)(A) of this title, and all other debts allowed under section 503 of this title and provided for in the plan, except any debt—
|
||||
|
||||
(1) on which the last payment is due after the first 3 years of the plan, or such other time not to exceed 5 years fixed by the court; or
|
||||
|
||||
(2) of the kind specified in section 523(a) of this title.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1083.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1193"
|
||||
description: "Modification of plan"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1193"
|
||||
citation: "11 U.S.C. § 1193"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1193 - Modification of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Modification Before Confirmation.— The debtor may modify a plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of sections 1122 and 1123 of this title, with the exception of subsection (a)(8) of such section 1123. After the modification is filed with the court, the plan as modified becomes the plan.
|
||||
|
||||
(b) Modification After Confirmation.— If a plan has been confirmed under section 1191(a) of this title, the debtor may modify the plan at any time after confirmation of the plan and before substantial consummation of the plan, but may not modify the plan so that the plan as modified fails to meet the requirements of sections 1122 and 1123 of this title, with the exception of subsection (a)(8) of such section 1123. The plan, as modified under this subsection, becomes the plan only if circumstances warrant the modification and the court, after notice and a hearing, confirms the plan as modified under section 1191(a) of this title.
|
||||
|
||||
(c) Certain Other Modifications.— If a plan has been confirmed under section 1191(b) of this title, the debtor may modify the plan at any time within 3 years, or such longer time not to exceed 5 years, as fixed by the court, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1191(b) of this title. The plan as modified under this subsection becomes the plan only if circumstances warrant such modification and the court, after notice and a hearing, confirms such plan, as modified, under section 1191(b) of this title.
|
||||
|
||||
(d) Holders of a Claim or Interest.— If a plan has been confirmed under section 1191(a) of this title, any holder of a claim or interest that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless, within the time fixed by the court, such holder changes the previous acceptance or rejection of the holder.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1083.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1194"
|
||||
description: "Payments"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1194"
|
||||
citation: "11 U.S.C. § 1194"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1194 - Payments
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1195"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "REORGANIZATION"
|
||||
section: "1195"
|
||||
citation: "11 U.S.C. § 1195"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1195 - Transactions with professionals
|
||||
|
||||
## Text
|
||||
|
||||
Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title, by a debtor solely because that person holds a claim of less than $10,000 that arose prior to commencement of the case.
|
||||
|
||||
(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1084.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
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|
||||
title: "11 U.S.C. § 1201"
|
||||
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|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1201"
|
||||
citation: "11 U.S.C. § 1201"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1201 - Stay of action against codebtor
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless—
|
||||
|
||||
(1) such individual became liable on or secured such debt in the ordinary course of such individual’s business; or
|
||||
|
||||
(2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
|
||||
|
||||
(b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.
|
||||
|
||||
(c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that—
|
||||
|
||||
(1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor;
|
||||
|
||||
(2) the plan filed by the debtor proposes not to pay such claim; or
|
||||
|
||||
(3) such creditor’s interest would be irreparably harmed by continuation of such stay.
|
||||
|
||||
(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3105, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–369, § 2(b), Oct. 25, 2004, 118 Stat. 1749, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] are deemed to have taken effect on January 1, 2004.”
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–73, § 2(b), Aug. 15, 2003, 117 Stat. 891, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] take effect on July 1, 2003.”
|
||||
|
||||
Effective Date of 2002 AmendmentPub. L. 107–377, § 2(b), Dec. 19, 2002, 116 Stat. 3115, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on January 1, 2003.” Pub. L. 107–171, title X, § 10814(b), May 13, 2002, 116 Stat. 532, provided that: “The amendments made by subsection (a) [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2002.” Pub. L. 107–170, § 2, May 7, 2002, 116 Stat. 133, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 2001.”
|
||||
|
||||
Effective Date of 2001 AmendmentPub. L. 107–17, § 2, June 26, 2001, 115 Stat. 151, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on June 1, 2001.” Pub. L. 107–8, § 2, May 11, 2001, 115 Stat. 10, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on July 1, 2000.”
|
||||
|
||||
Effective Date of 1999 AmendmentPub. L. 106–70, § 2, Oct. 9, 1999, 113 Stat. 1031, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on October 1, 1999.” Pub. L. 106–5, § 2, Mar. 30, 1999, 113 Stat. 9, provided that: “The amendments made by section 1 [amending this section and sections 1202 to 1208 and 1221 to 1231 of this title and amending provisions set out as a note under this section] shall take effect on April 1, 1999.”
|
||||
|
||||
Effective DateChapter effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Repeal, Reenactment, and Termination of ChapterPub. L. 109–8, title X, § 1001(a), (b), Apr. 20, 2005, 119 Stat. 185, 186, provided that: “(a) Reenactment.—“(1) In general.—Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277) [set out as a note below], and as in effect on June 30, 2005, is hereby reenacted. “(2) Effective date of reenactment.—Paragraph (1) shall take effect on July 1, 2005. “(b) Amendments—Chapter 12 of title 11, United States Code, as reenacted by subsection (a), is amended by this Act [see Tables for classification].” Pub. L. 105–277, div. C, title I, § 149, Oct. 21, 1998, 112 Stat. 2681–610, as amended by Pub. L. 106–5, § 1, Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749, provided that: “(a) Chapter 12 of title 11 of the United States Code, as in effect on December 31, 2003, is hereby reenacted for the period beginning on January 1, 2004, and ending on July 1, 2005. “(b) All cases commenced or pending under chapter 12 of title 11, United States Code, as reenacted under subsection (a), and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter were continued in effect after July 1, 2005. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such cases, matters, and proceedings as if such chapter were continued in effect after July 1, 2005.” Chapter was repealed Oct. 1, 1998, except that cases commenced or pending under this chapter, and all matters and proceedings in or relating to such cases, were to be conducted and determined as if this chapter had not been repealed, and substantive rights of parties in connection with such cases, matters, and proceedings were to continue to be governed under the laws applicable to such cases, matters, and proceedings as if this chapter had not been repealed, see section 302(f) of Pub. L. 99–554, as amended, formerly set out in an Effective Date of 1986 Amendment note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1202"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1202"
|
||||
citation: "11 U.S.C. § 1202"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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text_hash: "7963ab76b6db76308bd88119b7619cc2a96f885187f292eff146adc34adf226d"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1202 - Trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies as a trustee under section 322 of this title, then such individual shall serve as trustee in any case filed under this chapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case if necessary.
|
||||
|
||||
(b) The trustee shall—
|
||||
|
||||
(1) perform the duties specified in sections 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title;
|
||||
|
||||
(2) perform the duties specified in section 1106(a)(3) and 1106(a)(4) of this title if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;
|
||||
|
||||
(3) appear and be heard at any hearing that concerns—
|
||||
|
||||
(A) the value of property subject to a lien;
|
||||
|
||||
(B) confirmation of a plan;
|
||||
|
||||
(C) modification of the plan after confirmation; or
|
||||
|
||||
(D) the sale of property of the estate;
|
||||
|
||||
(4) ensure that the debtor commences making timely payments required by a confirmed plan;
|
||||
|
||||
(5) if the debtor ceases to be a debtor in possession, perform the duties specified in sections 704(a)(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203; and
|
||||
|
||||
(6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).
|
||||
|
||||
(c) (1) In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall—
|
||||
|
||||
(A) (i) provide written notice to the holder of the claim described in subsection (b)(6) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and
|
||||
|
||||
(ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency;
|
||||
|
||||
(B) (i) provide written notice to such State child support enforcement agency of such claim; and
|
||||
|
||||
(ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and
|
||||
|
||||
(C) at such time as the debtor is granted a discharge under section 1228, provide written notice to such holder and to such State child support enforcement agency of—
|
||||
|
||||
(i) the granting of the discharge;
|
||||
|
||||
(ii) the last recent known address of the debtor;
|
||||
|
||||
(iii) the last recent known name and address of the debtor’s employer; and
|
||||
|
||||
(iv) the name of each creditor that holds a claim that—
|
||||
|
||||
(I) is not discharged under paragraph (2), (4), or (14A) of section 523(a); or
|
||||
|
||||
(II) was reaffirmed by the debtor under section 524(c).
|
||||
|
||||
(2) (A) The holder of a claim described in subsection (b)(6) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.
|
||||
|
||||
(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making that disclosure.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, §§ 227, 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3103, 3106, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 219(c), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 57, 185, 186; Pub. L. 111–327, § 2(a)(38), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSections 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.
|
||||
|
||||
Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.
|
||||
|
||||
Amendments2010—Subsec. (b)(1). Pub. L. 111–327, § 2(a)(38)(A), substituted “704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)” for “704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)”. Subsec. (b)(5). Pub. L. 111–327, § 2(a)(38)(B), substituted “704(a)(8)” for “704(8)”. 2005—Subsec. (b)(6). Pub. L. 109–8, § 219(c)(1), added par. (6). Subsec. (c). Pub. L. 109–8, § 219(c)(2), added subsec. (c). 1986—Subsecs. (c), (d). Pub. L. 99–554, § 227, struck out subsecs. (c) and (d) which read as follows: “(c) If the number of cases under this chapter commenced in a particular judicial district so warrants, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter. “(d)(1) A court that has appointed an individual under subsection (a) of this section to serve as standing trustee in cases under this chapter shall set for such individual— “(A) a maximum annual compensation not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and “(B) a percentage fee not to exceed the sum of— “(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and “(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. “(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— “(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and “(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— “(i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus “(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases.” See section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 219(c) 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 DatesPermanent 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 amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title. Section effective 30 days after Oct. 27, 1986, and before the amendment by section 227 of Pub. L. 99–554, see section 302(c)(2) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure. Effective date and applicability of amendment by section 227 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554.
|
||||
|
||||
References in Subsection (a) Temporarily Deemed To Be References to Other ProvisionsUntil the amendments made by subtitle A (§§ 201 to 231) of title II of Pub. L. 99–554 become effective in a district and apply to a case, in subsec. (a) of this section— (1) the first two references to the United States trustee are deemed to be references to the court, and (2) any reference to section 586(b) of Title 28, Judiciary and Judicial Procedure, is deemed to be a reference to subsec. (c) of this section, see section 302(c)(3)(B), (d), (e) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1203"
|
||||
citation: "11 U.S.C. § 1203"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1203 - Rights and powers of debtor
|
||||
|
||||
## Text
|
||||
|
||||
Subject to such limitations as the court may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs (3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the debtor’s farm or commercial fishing operation.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, §§ 1001(a)(1), (c), 1007(c)(2), Apr. 20, 2005, 119 Stat. 185, 186, 188.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2005—Pub. L. 109–8, § 1007(c)(2), inserted “or commercial fishing operation” after “farm”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1007(c)(2) 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1204"
|
||||
citation: "11 U.S.C. § 1204"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1204"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "a610254401c24a582df3b6971a003e97d55bec19801b1b8eb17edcc2f2a23240"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "3c608ecede1390af4f2a2853ffecf72731de9667033539d8ed40324a86fac6d0"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1204 - Removal of debtor as debtor in possession
|
||||
|
||||
## Text
|
||||
|
||||
(a) On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the commencement of the case.
|
||||
|
||||
(b) On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1205"
|
||||
description: "Adequate protection"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1205"
|
||||
citation: "11 U.S.C. § 1205"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1205"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
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source_hash: "66a80bd7d3852a3f3880a2807d4867abe6b02882ecf42c5d9f959e18462c583f"
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raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
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text_hash: "cd1fa7d75cfc25daed345bc2b01beb17a534be48d28a8d2b29ddd4186e790f90"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1205 - Adequate protection
|
||||
|
||||
## Text
|
||||
|
||||
(a) Section 361 does not apply in a case under this chapter.
|
||||
|
||||
(b) In a case under this chapter, when adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by—
|
||||
|
||||
(1) requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title, use, sale, or lease under section 363 of this title, or any grant of a lien under section 364 of this title results in a decrease in the value of property securing a claim or of an entity’s ownership interest in property;
|
||||
|
||||
(2) providing to such entity an additional or replacement lien to the extent that such stay, use, sale, lease, or grant results in a decrease in the value of property securing a claim or of an entity’s ownership interest in property;
|
||||
|
||||
(3) paying to such entity for the use of farmland the reasonable rent customary in the community where the property is located, based upon the rental value, net income, and earning capacity of the property; or
|
||||
|
||||
(4) granting such other relief, other than entitling such entity to compensation allowable under section 503(b)(1) of this title as an administrative expense, as will adequately protect the value of property securing a claim or of such entity’s ownership interest in property.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1206"
|
||||
description: "Sales free of interests"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1206"
|
||||
citation: "11 U.S.C. § 1206"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1206"
|
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source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "192b26aa9a5034649f22747bdef29faa57187e24a01ed8838ef5c6c3bd79ffd5"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "aece38cb8e0680ed0b659b23e1fab1fa438b800a1761b2bd9585add898ff058d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1206 - Sales free of interests
|
||||
|
||||
## Text
|
||||
|
||||
After notice and a hearing, in addition to the authorization contained in section 363(f), the trustee in a case under this chapter may sell property under section 363(b) and (c) free and clear of any interest in such property of an entity other than the estate if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel), except that the proceeds of such sale shall be subject to such interest.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, §§ 1001(a)(1), (c), 1007(c)(3), Apr. 20, 2005, 119 Stat. 185, 186, 188.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2005—Pub. L. 109–8, § 1007(c)(3), substituted “if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel)” for “if the property is farmland or farm equipment”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1007(c)(3) 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1207"
|
||||
citation: "11 U.S.C. § 1207"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1207"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "db747b53339a8dff4786f895ba1502cccffc1f6eb813fd3b794629be5c9cbc72"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "a5ed15f64f10b0a14271d43e8f32b2eb64ae6cf1892d2c4fc8f361a6fb72a3db"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1207 - Property of the estate
|
||||
|
||||
## Text
|
||||
|
||||
(a) Property of the estate includes, in addition to the property specified in section 541 of this title—
|
||||
|
||||
(1) all property of the kind specified in such section that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 of this title, whichever occurs first; and
|
||||
|
||||
(2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 of this title, whichever occurs first.
|
||||
|
||||
(b) Except as provided in section 1204, a confirmed plan, or an order confirming a plan, the debtor shall remain in possession of all property of the estate.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1208"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1208"
|
||||
citation: "11 U.S.C. § 1208"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1208 - Conversion or dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.
|
||||
|
||||
(b) On request of the debtor at any time, if the case has not been converted under section 706 or 1112 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.
|
||||
|
||||
(c) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause, including—
|
||||
|
||||
(1) unreasonable delay, or gross mismanagement, by the debtor that is prejudicial to creditors;
|
||||
|
||||
(2) nonpayment of any fees and charges required under chapter 123 of title 28;
|
||||
|
||||
(3) failure to file a plan timely under section 1221 of this title;
|
||||
|
||||
(4) failure to commence making timely payments required by a confirmed plan;
|
||||
|
||||
(5) denial of confirmation of a plan under section 1225 of this title and denial of a request made for additional time for filing another plan or a modification of a plan;
|
||||
|
||||
(6) material default by the debtor with respect to a term of a confirmed plan;
|
||||
|
||||
(7) revocation of the order of confirmation under section 1230 of this title, and denial of confirmation of a modified plan under section 1229 of this title;
|
||||
|
||||
(8) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan;
|
||||
|
||||
(9) continuing loss to or diminution of the estate and absence of a reasonable likelihood of rehabilitation; and
|
||||
|
||||
(10) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.
|
||||
|
||||
(d) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter or convert a case under this chapter to a case under chapter 7 of this title upon a showing that the debtor has committed fraud in connection with the case.
|
||||
|
||||
(e) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 213(2), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 52, 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2005—Subsec. (c)(10). Pub. L. 109–8, § 213(2), added par. (10).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 213(2) 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1221"
|
||||
description: "Filing of plan"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1221"
|
||||
citation: "11 U.S.C. § 1221"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1221 - Filing of plan
|
||||
|
||||
## Text
|
||||
|
||||
The debtor shall file a plan not later than 90 days after the order for relief under this chapter, except that the court may extend such period if the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3109, 3124; Pub. L. 103–65, §§ 1, 2, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments1993—Pub. L. 103–65 substituted “the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable” for “an extension is substantially justified”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentPub. L. 103–65, § 3, Aug. 6, 1993, 107 Stat. 311, provided that: “(a) Effective Date.—Except as provided in subsection (b), this Act [amending this section and provisions set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Aug. 6, 1993]. “(b) Application of Amendment Made by Section 2.—The amendment made by section 2 [amending this section] shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.”
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
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|
||||
section: "1222"
|
||||
citation: "11 U.S.C. § 1222"
|
||||
status: "current"
|
||||
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|
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|
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|
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text_hash: "5be373e39ac4e6dcedecfea6a56aa8ee48705bc5b8b9669d9c7197326e231c72"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1222 - Contents of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) The plan shall—
|
||||
|
||||
(1) provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan;
|
||||
|
||||
(2) provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless the holder of a particular claim agrees to a different treatment of that claim;
|
||||
|
||||
(3) if the plan classifies claims and interests, provide the same treatment for each claim or interest within a particular class unless the holder of a particular claim or interest agrees to less favorable treatment;
|
||||
|
||||
(4) notwithstanding any other provision of this section, a plan may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor’s projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan; and
|
||||
|
||||
(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).
|
||||
|
||||
(b) Subject to subsections (a) and (c) of this section, the plan may—
|
||||
|
||||
(1) designate a class or classes of unsecured claims, as provided in section 1122 of this title, but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims;
|
||||
|
||||
(2) modify the rights of holders of secured claims, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;
|
||||
|
||||
(3) provide for the curing or waiving of any default;
|
||||
|
||||
(4) provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim;
|
||||
|
||||
(5) provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due;
|
||||
|
||||
(6) subject to section 365 of this title, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor not previously rejected under such section;
|
||||
|
||||
(7) provide for the payment of all or part of a claim against the debtor from property of the estate or property of the debtor;
|
||||
|
||||
(8) provide for the sale of all or any part of the property of the estate or the distribution of all or any part of the property of the estate among those having an interest in such property;
|
||||
|
||||
(9) provide for payment of allowed secured claims consistent with section 1225(a)(5) of this title, over a period exceeding the period permitted under section 1222(c);
|
||||
|
||||
(10) provide for the vesting of property of the estate, on confirmation of the plan or at a later time, in the debtor or in any other entity;
|
||||
|
||||
(11) provide for the payment of interest accruing after the date of the filing of the petition on unsecured claims that are nondischargeable under section 1228(a), except that such interest may be paid only to the extent that the debtor has disposable income available to pay such interest after making provision for full payment of all allowed claims; and
|
||||
|
||||
(12) include any other appropriate provision not inconsistent with this title.
|
||||
|
||||
(c) Except as provided in subsections (b)(5) and (b)(9), the plan may not provide for payments over a period that is longer than three years unless the court for cause approves a longer period, but the court may not approve a period that is longer than five years.
|
||||
|
||||
(d) Notwithstanding subsection (b)(2) of this section and sections 506(b) and 1225(a)(5) of this title, if it is proposed in a plan to cure a default, the amount necessary to cure the default, shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3109, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 103–394, title III, § 305(b), Oct. 22, 1994, 108 Stat. 4134; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 213(3), (4), title X, §§ 1001(a)(1), (c), 1003(a), Apr. 20, 2005, 119 Stat. 52, 185, 186; Pub. L. 115–72, div. B, § 1005(b)(1)(A), Oct. 26, 2017, 131 Stat. 1233.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2017—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 AmendmentPub. 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 AmendmentPub. 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 AmendmentAmendment 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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type: "LegalText"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1223"
|
||||
citation: "11 U.S.C. § 1223"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
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|
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source_hash: "1c82e451ff7a35c76a32bacb9366831042ac00d74dea09b07f1d1391ed364211"
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raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1223 - Modification of plan before confirmation
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1222 of this title.
|
||||
|
||||
(b) After the debtor files a modification under this section, the plan as modified becomes the plan.
|
||||
|
||||
(c) Any holder of a secured claim that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the modification provides for a change in the rights of such holder from what such rights were under the plan before modification, and such holder changes such holder’s previous acceptance or rejection.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3110, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
title_number: 11
|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1224"
|
||||
citation: "11 U.S.C. § 1224"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
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source_hash: "f3824a31a7d3cef325ff3df0f3d86f2575e71a0b708cd16cfde45fa689aa8fe9"
|
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|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1224 - Confirmation hearing
|
||||
|
||||
## Text
|
||||
|
||||
After expedited notice, the court shall hold a hearing on confirmation of the plan. A party in interest, the trustee, or the United States trustee may object to the confirmation of the plan. Except for cause, the hearing shall be concluded not later than 45 days after the filing of the plan.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3110, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1225"
|
||||
description: "Confirmation of plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1225"
|
||||
citation: "11 U.S.C. § 1225"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
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|
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1225 - Confirmation of plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b), the court shall confirm a plan if—
|
||||
|
||||
(1) the plan complies with the provisions of this chapter and with the other applicable provisions of this title;
|
||||
|
||||
(2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid;
|
||||
|
||||
(3) the plan has been proposed in good faith and not by any means forbidden by law;
|
||||
|
||||
(4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date;
|
||||
|
||||
(5) with respect to each allowed secured claim provided for by the plan—
|
||||
|
||||
(A) the holder of such claim has accepted the plan;
|
||||
|
||||
(B) (i) the plan provides that the holder of such claim retain the lien securing such claim; and
|
||||
|
||||
(ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim; or
|
||||
|
||||
(C) the debtor surrenders the property securing such claim to such holder;
|
||||
|
||||
(6) the debtor will be able to make all payments under the plan and to comply with the plan; and
|
||||
|
||||
(7) the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation.
|
||||
|
||||
(b) (1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan—
|
||||
|
||||
(A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim;
|
||||
|
||||
(B) the plan provides that all of the debtor’s projected disposable income to be received in the three-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first payment is due under the plan will be applied to make payments under the plan; or
|
||||
|
||||
(C) the value of the property to be distributed under the plan in the 3-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first distribution is due under the plan is not less than the debtor’s projected disposable income for such period.
|
||||
|
||||
(2) For purposes of this subsection, “disposable income” means income which is received by the debtor and which is not reasonably necessary to be expended—
|
||||
|
||||
(A) for the maintenance or support of the debtor or a dependent of the debtor or for a domestic support obligation that first becomes payable after the date of the filing of the petition; or
|
||||
|
||||
(B) for the payment of expenditures necessary for the continuation, preservation, and operation of the debtor’s business.
|
||||
|
||||
(c) After confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3110, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, §§ 213(5), 218, title X, §§ 1001(a)(1), (c), 1006(a), Apr. 20, 2005, 119 Stat. 52, 55, 185–187; Pub. L. 116–260, div. N, title III, § 320(d), (f)(2)(A)(iv), Dec. 27, 2020, 134 Stat. 2016, 2017.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2020—Subsec. (d). Pub. L. 116–260, § 320(f)(2)(A)(iv), contingent on its addition by Pub. L. 116–260, § 320(d), struck out subsec. (d) which read as follows: “Notwithstanding section 1222(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.” Pub. L. 116–260, § 320(d), added subsec. (d). 2005—Subsec. (a)(7). Pub. L. 109–8, § 213(5), added par. (7). Subsec. (b)(1)(C). Pub. L. 109–8, § 1006(a), added subpar. (C). Subsec. (b)(2)(A). Pub. L. 109–8, § 218, inserted “or for a domestic support obligation that first becomes payable after the date of the filing of the petition” after “dependent of the debtor”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective and Termination Dates of 2020 AmendmentAmendment by section 320(d) of div. N of Pub. L. 116–260 effective on the date on which the Administrator of the Small Business Administration submits to the Director of the Executive Office for United States Trustees a written determination relating to loan eligibility under pars. (36) and (37) of section 636(a) of Title 15, Commerce and Trade, and applicable to any case pending on or commenced on or after such date, and amendment by section 320(f)(2)(A)(iv) of div. N of Pub. L. 116–260, relating to repeal of such amendment if it became effective, effective two years after Dec. 27, 2020, see section 320(f) of Pub. L. 116–260, set out as a note under section 364 of this title. [Pursuant to 15 U.S.C. 636(a)(36)(A)(iii), the “covered period” for loans under the Paycheck Protection Program ended on June 30, 2021.]
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by sections 213(5), 218, and 1006(a) 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1226"
|
||||
description: "Payments"
|
||||
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|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1226"
|
||||
citation: "11 U.S.C. § 1226"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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||||
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|
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1226 - Payments
|
||||
|
||||
## Text
|
||||
|
||||
(a) 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; and
|
||||
|
||||
(2) if a standing trustee is serving in the case, the percentage fee fixed for such standing trustee.
|
||||
|
||||
(b) Before or at the time of each payment to creditors under the plan, there shall be paid—
|
||||
|
||||
(1) any unpaid claim of the kind specified in section 507(a)(2) of this title; and
|
||||
|
||||
(2) if a standing trustee appointed under section 1202(c) 11 See References in Text note below. of this title is serving in the case, the percentage fee fixed for such standing trustee under section 1202(d) 1 of this title.
|
||||
|
||||
(c) Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3111, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 103–394, title V, § 501(d)(36), Oct. 22, 1994, 108 Stat. 4147; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), title XV, § 1502(a)(9), Apr. 20, 2005, 119 Stat. 185, 186, 217.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 1202(c) and (d) of this title, referred to in subsec. (b)(2), was repealed by section 227 of Pub. L. 99–554, and provisions relating to appointment of and fixing percentage fees for standing trustees are contained in section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure, as amended by section 113(b), (c) of Pub. L. 99–554.
|
||||
|
||||
Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.
|
||||
|
||||
Amendments2005—Subsec. (b)(1). Pub. L. 109–8, § 1502(a)(9), substituted “507(a)(2)” for “507(a)(1)”. 1994—Subsec. (b)(2). Pub. L. 103–394 substituted “1202(c)” for “1202(d)” and “1202(d)” for “1202(e)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1502(a)(9) 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1227"
|
||||
description: "Effect of confirmation"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1227"
|
||||
citation: "11 U.S.C. § 1227"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
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|
||||
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||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1227 - Effect of confirmation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in section 1228(a) of this title, the provisions of a confirmed plan bind the debtor, each creditor, each equity security holder, and each general partner in the debtor, whether or not the claim of such creditor, such equity security holder, or such general partner in the debtor is provided for by the plan, and whether or not such creditor, such equity security holder, or such general partner in the debtor 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 provided in section 1228(a) of this title and 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.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3112, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1228"
|
||||
description: "Discharge"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME"
|
||||
section: "1228"
|
||||
citation: "11 U.S.C. § 1228"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1228 - Discharge
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to subsection (d), as soon as practicable after completion by the debtor of all payments under the plan, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid, other than payments to holders of allowed claims provided for under section 1222(b)(5) or 1222(b)(9) of this title, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan, allowed under section 503 of this title, or disallowed under section 502 of this title, except any debt—
|
||||
|
||||
(1) provided for under section 1222(b)(5) or 1222(b)(9) of this title; or
|
||||
|
||||
(2) of a kind specified in section 523(a) of this title, except as provided in section 1232(c).
|
||||
|
||||
(b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if—
|
||||
|
||||
(1) the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable;
|
||||
|
||||
(2) the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the estate of the debtor had been liquidated under chapter 7 of this title on such date; and
|
||||
|
||||
(3) modification of the plan under section 1229 of this title is not practicable.
|
||||
|
||||
(c) A discharge granted under subsection (b) of this section discharges the debtor from all unsecured debts provided for by the plan or disallowed under section 502 of this title, except any debt—
|
||||
|
||||
(1) provided for under section 1222(b)(5) or 1222(b)(9) of this title; or
|
||||
|
||||
(2) of a kind specified in section 523(a) of this title, except as provided in section 1232(c).
|
||||
|
||||
(d) On request of a party in interest before one year after a discharge under this section is granted, and after notice and a hearing, the court may revoke such discharge only if—
|
||||
|
||||
(1) such discharge was obtained by the debtor through fraud; and
|
||||
|
||||
(2) the requesting party did not know of such fraud until after such discharge was granted.
|
||||
|
||||
(e) After the debtor is granted a discharge, the court shall terminate the services of any trustee serving in the case.
|
||||
|
||||
(f) The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that—
|
||||
|
||||
(1) section 522(q)(1) may be applicable to the debtor; and
|
||||
|
||||
(2) there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3112, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 106–518, title II, § 208, Nov. 13, 2000, 114 Stat. 2415; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 213(6), title III, § 330(c), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 53, 101, 185, 186; Pub. L. 115–72, div. B, § 1005(b)(1)(B), Oct. 26, 2017, 131 Stat. 1233.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2017—Subsec. (a). Pub. L. 115–72, § 1005(b)(1)(B)(i)(I), in introductory provisions, inserted a comma after “all debts provided for by the plan” and after “allowed under section 503 of this title”. Subsec. (a)(2). Pub. L. 115–72, § 1005(b)(1)(B)(i)(II), substituted “a kind specified in section 523(a) of this title, except as provided in section 1232(c).” for “the kind specified in section 523(a) of this title.” Subsec. (c)(2). Pub. L. 115–72, § 1005(b)(1)(B)(ii), inserted “, except as provided in section 1232(c)” before period at end. 2005—Subsec. (a). Pub. L. 109–8, § 330(c)(1), substituted “Subject to subsection (d), as” for “As” in introductory provisions. Pub. L. 109–8, § 213(6), inserted “, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid” after “completion by the debtor of all payments under the plan” in introductory provisions. Subsec. (b). Pub. L. 109–8, § 330(c)(2), substituted “Subject to subsection (d), at” for “At” in introductory provisions. Subsec. (f). Pub. L. 109–8, § 330(c)(3), added subsec. (f). 2000—Subsecs. (a), (c)(1). Pub. L. 106–518 substituted “1222(b)(9)” for “1222(b)(10)” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–72 applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under this section has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as a note under section 1222 of this title.
|
||||
|
||||
Effective Date of 2005 AmendmentAmendments by sections 213(6) and 330(c) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, with amendment by section 213(6) of Pub. L. 109–8 not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, and amendment by section 330(c) of Pub. L. 109–8 applicable with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1229"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1229 - Modification of plan after confirmation
|
||||
|
||||
## Text
|
||||
|
||||
(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on request of the debtor, the trustee, or the holder of an allowed unsecured claim, to—
|
||||
|
||||
(1) increase or reduce the amount of payments on claims of a particular class provided for by the plan;
|
||||
|
||||
(2) extend or reduce the time for such payments;
|
||||
|
||||
(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan; or
|
||||
|
||||
(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.
|
||||
|
||||
(b) (1) Sections 1222(a), 1222(b), and 1223(c) of this title and the requirements of section 1225(a) of this title apply to any modification under subsection (a) of this section.
|
||||
|
||||
(2) The plan as modified becomes the plan unless, after notice and a hearing, such modification is disapproved.
|
||||
|
||||
(c) A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.
|
||||
|
||||
(d) A plan may not be modified under this section—
|
||||
|
||||
(1) to increase the amount of any payment due before the plan as modified becomes the plan;
|
||||
|
||||
(2) by anyone except the debtor, based on an increase in the debtor’s disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor’s disposable income for such month; or
|
||||
|
||||
(3) in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, §§ 1001(a)(1), (c), 1006(b), Apr. 20, 2005, 119 Stat. 185–187; Pub. L. 115–72, div. B, § 1005(b)(1)(C), Oct. 26, 2017, 131 Stat. 1234.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2017—Subsec. (a)(4). Pub. L. 115–72 added par. (4). 2005—Subsec. (d). Pub. L. 109–8, § 1006(b), added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–72 applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as a note under section 1222 of this title.
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1006(b) 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 DatesPermanent 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1230"
|
||||
description: "Revocation of an order of confirmation"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1230 - Revocation of an order of confirmation
|
||||
|
||||
## Text
|
||||
|
||||
(a) On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under section 1225 of this title, and after notice and a hearing, the court may revoke such order if such order was procured by fraud.
|
||||
|
||||
(b) If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under section 1207 of this title, unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under section 1229 of this title.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatesPermanent 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.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1231 - Special tax provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1225 of this title, may not be taxed under any law imposing a stamp tax or similar tax.
|
||||
|
||||
(b) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by any governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of—
|
||||
|
||||
(1) the date on which such governmental unit responds to the request under this subsection; or
|
||||
|
||||
(2) 270 days after such request.
|
||||
|
||||
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title VII, § 719(b)(4), title X, §§ 1001(a)(1), (c), 1003(b), Apr. 20, 2005, 119 Stat. 133, 185, 186.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2005—Subsec. (a). Pub. L. 109–8, § 719(b)(4), redesignated subsec. (c) as (a) and struck out former subsec. (a) which read as follows: “For the purpose of any State or local law imposing a tax on or measured by income, the taxable period of a debtor that is an individual shall terminate on the date of the order for relief under this chapter, unless the case was converted under section 706 of this title.” Subsec. (b). Pub. L. 109–8, § 1003(b), substituted “any governmental unit” for “a State or local governmental unit”. Pub. L. 109–8, § 719(b)(4), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “The trustee shall make a State or local tax return of income for the estate of an individual debtor in a case under this chapter for each taxable period after the order for relief under this chapter during which the case is pending.” Subsecs. (c), (d). Pub. L. 109–8, § 719(b)(4)(B), redesignated subsecs. (c) and (d) as (a) and (b), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by section 1003(b) of Pub. L. 109–8 effective Apr. 20, 2005, and not applicable with respect to cases commenced under this title before Apr. 20, 2005, see section 1003(c) of Pub. L. 109–8, set out as a note under section 1222 of this title. Amendment by section 719(b)(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 DatesPermanent 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.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1232 - Claim by a governmental unit based on the disposition of property used in a farming operation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor’s discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor’s farming operation—
|
||||
|
||||
(1) shall be treated as an unsecured claim arising before the date on which the petition is filed;
|
||||
|
||||
(2) shall not be entitled to priority under section 507;
|
||||
|
||||
(3) shall be provided for under a plan; and
|
||||
|
||||
(4) shall be discharged in accordance with section 1228.
|
||||
|
||||
(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507.
|
||||
|
||||
(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in subparagraph (A) or (B) of section 523(a)(1).
|
||||
|
||||
(d) (1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed.
|
||||
|
||||
(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim.
|
||||
|
||||
(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim.
|
||||
|
||||
(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.
|
||||
|
||||
(Added Pub. L. 115–72, div. B, § 1005(a), Oct. 26, 2017, 131 Stat. 1232.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as an Effective Date of 2017 Amendment note under section 1222 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1301"
|
||||
description: "Stay of action against codebtor"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1301"
|
||||
citation: "11 U.S.C. § 1301"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1301"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "e68b0e21900644b9bec7586ea2123b9ebc5da8ef77b3b9620b9efc2ef1617e7a"
|
||||
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|
||||
text_hash: "cfe442ece5df006016141a6c7b0e4af48353ba546191877af85b58d0dff91873"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1301 - Stay of action against codebtor
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless—
|
||||
|
||||
(1) such individual became liable on or secured such debt in the ordinary course of such individual’s business; or
|
||||
|
||||
(2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
|
||||
|
||||
(b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.
|
||||
|
||||
(c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that—
|
||||
|
||||
(1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor;
|
||||
|
||||
(2) the plan filed by the debtor proposes not to pay such claim; or
|
||||
|
||||
(3) such creditor’s interest would be irreparably harmed by continuation of such stay.
|
||||
|
||||
(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2645; Pub. L. 98–353, title III, §§ 313, 524, July 10, 1984, 98 Stat. 355, 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1301 of the House amendment is identical with the provision contained in section 1301 of the House bill and adopted by the Senate amendment. Section 1301(c)(1) indicates that a basis for lifting the stay is that the debtor did not receive consideration for the claim by the creditor, or in other words, the debtor is really the “codebtor.” As with other sections in title 11, the standard of receiving consideration is a general rule, but where two co-debtors have agreed to share liabilities in a different manner than profits it is the individual who does not ultimately bear the liability that is protected by the stay under section 1301.
|
||||
|
||||
senate report no. 95–989Subsection (a) automatically stays the holder of a claim based on a consumer debt of the chapter 13 debtor from acting or proceeding in any way, except as authorized pursuant to subsections (b) and (c), against an individual or the property of an individual liable with the chapter 13 debtor, unless such codebtor became liable in the ordinary course of his business, or unless the case is closed, dismissed, or converted to another chapter. Under the terms of the agreement with the codebtor who is not in bankruptcy, the creditor has a right to collect all payments to the extent they are not made by the debtor at the time they are due. To the extent to which a chapter 13 plan does not propose to pay a creditor his claims, the creditor may obtain relief from the court from the automatic stay and collect such claims from the codebtor. Conversely, a codebtor obtains the benefit of any payments made to the creditor under the plan. If a debtor defaults on scheduled payments under the plan, then the codebtor would be liable for the remaining deficiency; otherwise, payments not made under the plan may never be made by the codebtor. The obligation of the codebtor to make the creditor whole at the time payments are due remains. The automatic stay under this section pertains only to the collection of a consumer debt, defined by section 101(7) of this title to mean a debt incurred by an individual primarily for a personal, family, or household purpose. Therefore, not all debts owed by a chapter 13 debtor will be subject to the stay of the codebtor, particularly those business debts incurred by an individual with regular income, as defined by section 101(24) of this title, engaged in business, that is permitted by virtue of section 109(b) and section 1304 to obtain chapter 13 relief. Subsection (b) excepts the giving of notice of dishonor of a negotiable instrument from the reach of the codebtor stay. Under subsection (c), if the codebtor has property out of which the creditor’s claim can be satisfied, the court can grant relief from the stay absent the transfer of a security interest in that property by the codebtor to the creditor. Correspondingly, if there is reasonable cause to believe that property is about to be disposed of by the codebtor which could be used to satisfy his obligation to the creditor, the court should lift the stay to allow the creditor to perfect his rights against such property. Likewise, if property is subject to rapid depreciation or decrease in value the stay should be lifted to allow the creditor to protect his rights to reach such property. Otherwise, the creditor’s interest would be irreparably harmed by such stay. Property which could be used to satisfy the claim could be disposed of or encumbered and placed beyond the reach of the creditor. The creditor should be allowed to protect his rights to reach property which could satisfy his claim and prevent its erosion in value, disposal, or encumbrance.
|
||||
|
||||
house report no. 95–595This section is new. It is designed to protect a debtor operating under a chapter 13 individual repayment plan case by insulating him from indirect pressures from his creditors exerted through friends or relatives that may have cosigned an obligation of the debtor. The protection is limited, however, to ensure that the creditor involved does not lose the benefit of the bargain he made for a cosigner. He is entitled to full compensation, including any interest, fees, and costs provided for by the agreement under which the debtor obtained his loan. The creditor is simply required to share with other creditors to the extent that the debtor will repay him under the chapter 13 plan. The creditor is delayed, but his substantive rights are not affected. Subsection (a) is the operative subsection. It stays action by a creditor after an order for relief under chapter 13. The creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that has secured the debt, unless the individual became liable or secured the debt in the ordinary course of his business, or the case is closed, dismissed, or converted to chapter 7 or 11. Subsection (b) permits the creditor, notwithstanding the stay, to present a negotiable instrument and to give notice of dishonor of the instrument, in order to preserve his substantive rights against the codebtor as required by applicable nonbankruptcy law. Subsection (c) requires the court to grant relief from the stay in certain circumstances. The court must grant relief to the extent that the debtor does not propose to pay, under the plan, the amount owed to the creditor. The court must also grant relief to the extent that the debtor was really the codebtor in the transaction, that is, to the extent that the nondebtor party actually received the consideration for the claim held by the creditor. Finally, the court must grant relief to the extent that the creditor’s interest would be irreparably harmed by the stay, for example, where the codebtor filed bankruptcy himself, or threatened to leave the locale, or lost his job.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (c)(3). Pub. L. 98–353, § 524, inserted “continuation of” after “by”. Subsec. (d). Pub. L. 98–353, § 313, added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,111 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1302"
|
||||
description: "Trustee"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1302"
|
||||
citation: "11 U.S.C. § 1302"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1302"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "d081226df89695f0202e7fda217a7425a03b825ae51068ca1902848bc1f6ab44"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1302 - Trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case.
|
||||
|
||||
(b) The trustee shall—
|
||||
|
||||
(1) perform the duties specified in sections 704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title;
|
||||
|
||||
(2) appear and be heard at any hearing that concerns—
|
||||
|
||||
(A) the value of property subject to a lien;
|
||||
|
||||
(B) confirmation of a plan; or
|
||||
|
||||
(C) modification of the plan after confirmation;
|
||||
|
||||
(3) dispose of, under regulations issued by the Director of the Administrative Office of the United States Courts, moneys received or to be received in a case under chapter XIII of the Bankruptcy Act;
|
||||
|
||||
(4) advise, other than on legal matters, and assist the debtor in performance under the plan;
|
||||
|
||||
(5) ensure that the debtor commences making timely payments under section 1326 of this title; and
|
||||
|
||||
(6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (d).
|
||||
|
||||
(c) If the debtor is engaged in business, then in addition to the duties specified in subsection (b) of this section, the trustee shall perform the duties specified in sections 1106(a)(3) and 1106(a)(4) of this title.
|
||||
|
||||
(d) (1) In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall—
|
||||
|
||||
(A) (i) provide written notice to the holder of the claim described in subsection (b)(6) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and
|
||||
|
||||
(ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency;
|
||||
|
||||
(B) (i) provide written notice to such State child support enforcement agency of such claim; and
|
||||
|
||||
(ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and
|
||||
|
||||
(C) at such time as the debtor is granted a discharge under section 1328, provide written notice to such holder and to such State child support enforcement agency of—
|
||||
|
||||
(i) the granting of the discharge;
|
||||
|
||||
(ii) the last recent known address of the debtor;
|
||||
|
||||
(iii) the last recent known name and address of the debtor’s employer; and
|
||||
|
||||
(iv) the name of each creditor that holds a claim that—
|
||||
|
||||
(I) is not discharged under paragraph (2) or (4) of section 523(a); or
|
||||
|
||||
(II) was reaffirmed by the debtor under section 524(c).
|
||||
|
||||
(2) (A) The holder of a claim described in subsection (b)(6) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.
|
||||
|
||||
(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making that disclosure.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2645; Pub. L. 98–353, title III, §§ 314, 525, July 10, 1984, 98 Stat. 356, 388; Pub. L. 99–554, title II, §§ 228, 283(w), Oct. 27, 1986, 100 Stat. 3103, 3118; Pub. L. 103–394, title V, § 501(d)(37), Oct. 22, 1994, 108 Stat. 4147; Pub. L. 109–8, title II, § 219(d), Apr. 20, 2005, 119 Stat. 58; Pub. L. 111–327, § 2(a)(39), Dec. 22, 2010, 124 Stat. 3561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1302 of the House amendment adopts a provision contained in the Senate amendment instead of the position taken in the House bill. Sections 1302(d) and (e) are modeled on the standing trustee system contained in the House bill with the court assuming supervisory functions in districts not under the pilot program.
|
||||
|
||||
senate report no. 95–989The principal administrator in a chapter 13 case is the chapter 13 trustee. Experience under chapter XIII of the Bankruptcy Act [chapter 13 of former title 11] has shown that the more efficient and effective wage earner programs have been conducted by standing chapter XIII trustees who exercise a broad range of responsibilities in both the design and the effectuation of debtor plans. Subsection (a) provides administrative flexibility by permitting the bankruptcy judge to appoint an individual from the panel of trustees established pursuant to 28 U.S.C. § 604(f) and qualified under section 322 of title 11, either to serve as a standing trustee in all chapter 13 cases filed in the district or a portion thereof, or to serve in a single case. Subsection (b)(1) makes it clear that the chapter 13 trustee is no mere disbursing agent of the monies paid to him by the debtor under the plan [section 1322(a)(1)], by imposing upon him certain relevant duties of a liquidation trustee prescribed by section 704 of this title. Subsection (b)(2) requires the chapter 13 trustee to appear before and be heard by the bankruptcy court whenever the value of property secured by a lien or the confirmation or modification of a plan after confirmation as provided by sections 1323–1325 is considered by the court. Subsection (b)(3) requires the chapter 13 trustee to advise and counsel the debtor while under chapter 13, except on matters more appropriately left to the attorney for the debtor. The chapter 13 trustee must also assist the debtor in performance under the plan by attempting to tailor the requirements of the plan to the changing needs and circumstances of the debtor during the extension period. Subsection (c) imposes on the trustee in a chapter 13 case filed by a debtor engaged in business the investigative and reporting duties normally required of a chapter 11 debtor or trustee as prescribed by section 1106(a)(3) and (4).
|
||||
|
||||
house report no. 95–595Subsection (d) gives the trustee an additional duty if the debtor is engaged in business, as defined in section 1304. The trustee must perform the duties specified in sections 1106(a)(3) and 1106(a)(4), relating to investigation of the debtor.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextChapter XIII of the Bankruptcy Act, referred to in subsec. (b)(3), is chapter XIII of act July 1, 1898, ch. 541, as added June 22, 1938, ch. 575, § 1, 52 Stat. 930, which was classified to chapter 13 (§ 1001 et seq.) of former Title 11. Sections 464 and 466 of the Social Security Act, referred to in subsec. (d)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments2010—Subsec. (b)(1). Pub. L. 111–327 substituted “704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)” for “704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9)”. 2005—Subsec. (b)(6). Pub. L. 109–8, § 219(d)(1), added par. (6). Subsec. (d). Pub. L. 109–8, § 219(d)(2), added subsec. (d). 1994—Subsec. (b)(3). Pub. L. 103–394 struck out “and” at end. 1986—Subsec. (a). Pub. L. 99–554, § 228(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “If the court has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the court shall appoint a person to serve as trustee in the case.” Subsec. (d). Pub. L. 99–554, § 228(2), struck out subsec. (d) which read as follows: “If the number of cases under this chapter commenced in a particular judicial district so warrant, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter.” Subsec. (e). Pub. L. 99–554, § 283(w), which directed the amendment of par. (1) by substituting “set for such individual” for “fix” could not be executed in view of the repeal of subsec. (e) by section 228(2) of Pub. L. 99–554. See 1984 Amendment note below. Pub. L. 99–554, § 228(2), struck out subsec. (e) which read as follows: “(1) A court that has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter shall set for such individual— “(A) a maximum annual compensation, not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and “(B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. “(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— “(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and “(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— “(i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus “(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases.” 1984—Subsec. (b)(1). Pub. L. 98–353, § 314(1), substituted “704(7), and 704(9) of this title” for “and 704(8) of this title”. Subsec. (b)(2). Pub. L. 98–353, § 314(2), struck out “and” at the end. Subsec. (b)(3) to (5). Pub. L. 98–353, § 525(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Pub. L. 98–353, § 314(3), (4), substituted “; and” for the period at end of par. (3) and added par. (4). Subsec. (e)(1). Pub. L. 98–353, § 525(b)(1), which directed the amendment of par. (4) by substituting “set for such individual” for “fix” was executed to par. (1) as the probable intent of Congress. Subsec. (e)(1)(A). Pub. L. 98–353, § 525(b)(2), struck out “for such individual” after “a maximum annual compensation”. Subsec. (e)(2)(A). Pub. L. 98–353, § 525(b)(3), substituted “received by” for “of”, and “of all such payments made” for “upon all payments”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by section 228 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 283 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1303"
|
||||
description: "Rights and powers of debtor"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1303"
|
||||
citation: "11 U.S.C. § 1303"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1303"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "d4325711baf1edebfc5b049d324334f80001f849b9dd7ba085aeff09ce654ad8"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "e0990b90036302313d602d83f3a4ca0460de2274569a1ff42beee6b17946ac3c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1303 - Rights and powers of debtor
|
||||
|
||||
## Text
|
||||
|
||||
Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1303 of the House amendment specifies rights and powers that the debtor has exclusive of the trustees. The section does not imply that the debtor does not also possess other powers concurrently with the trustee. For example, although section 1323 is not specified in section 1303, certainly it is intended that the debtor has the power to sue and be sued.
|
||||
|
||||
senate report no. 95–989A chapter 13 debtor is vested with the identical rights and powers, and is subject to the same limitations in regard to their exercise, as those given a liquidation trustee by virtue of section 363(b), (d), (e), (f), and (h) of title 11, relating to the sale, use or lease of property.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1304"
|
||||
description: "Debtor engaged in business"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1304"
|
||||
citation: "11 U.S.C. § 1304"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1304"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "3b7abaa45457e048ee30f793fdd9546601cf957c324b94b01d5e36decc9c308e"
|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1304 - Debtor engaged in business
|
||||
|
||||
## Text
|
||||
|
||||
(a) A debtor that is self-employed and incurs trade credit in the production of income from such employment is engaged in business.
|
||||
|
||||
(b) Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor and, subject to any limitations on a trustee under sections 363(c) and 364 of this title and to such limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections.
|
||||
|
||||
(c) A debtor engaged in business shall perform the duties of the trustee specified in section 704(a)(8) of this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646; Pub. L. 98–353, title III, §§ 311(b)(2), 526, July 10, 1984, 98 Stat. 355, 389; Pub. L. 111–327, § 2(a)(40), Dec. 22, 2010, 124 Stat. 3562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1304(b) of the House amendment adopts the approach taken in the comparable section of the Senate amendment as preferable to the position taken in the House bill.
|
||||
|
||||
senate report no. 95–989Increased access to the simpler, speedier, and less expensive debtor relief provisions of chapter 13 is accomplished by permitting debtors engaged in business to proceed under chapter 13, provided their income is sufficiently stable and regular to permit compliance with a chapter 13 plan [section 101(24)] and that the debtor (or the debtor and spouse) do not owe liquidated, noncontingent unsecured debts of $50,000, or liquidated, noncontingent secured debts of $200,000 (§ 109(d)). Section 1304(a) states that a self-employed individual who incurs trade credit in the production of income is a debtor engaged in business. Subsection (b) empowers a chapter 13 debtor engaged in business to operate his business, subject to the rights, powers and limitations that pertain to a trustee under sections 363(c) and 364 of title 11, and subject to such further limitations and conditions as the court may prescribe. Subsection (c) requires a chapter 13 debtor engaged in business to file with the court certain financial statements relating to the operation of the business.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (c). Pub. L. 111–327 substituted “704(a)(8)” for “704(8)”. 1984—Subsec. (b). Pub. L. 98–353, § 526, struck out the comma after “of the debtor”. Subsec. (c). Pub. L. 98–353, § 311(b)(2), substituted “section 704(8)” for “section 704(7)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1305"
|
||||
description: "Filing and allowance of postpetition claims"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1305"
|
||||
citation: "11 U.S.C. § 1305"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1305 - Filing and allowance of postpetition claims
|
||||
|
||||
## Text
|
||||
|
||||
(a) A proof of claim may be filed by any entity that holds a claim against the debtor—
|
||||
|
||||
(1) for taxes that become payable to a governmental unit while the case is pending; or
|
||||
|
||||
(2) that is a consumer debt, that arises after the date of the order for relief under this chapter, and that is for property or services necessary for the debtor’s performance under the plan.
|
||||
|
||||
(b) Except as provided in subsection (c) of this section, a claim filed under subsection (a) of this section shall be allowed or disallowed under section 502 of this title, but shall be determined as of the date such claim arises, and shall be allowed under section 502(a), 502(b), or 502(c) of this title, or disallowed under section 502(d) or 502(e) of this title, the same as if such claim had arisen before the date of the filing of the petition.
|
||||
|
||||
(c) A claim filed under subsection (a)(2) of this section shall be disallowed if the holder of such claim knew or should have known that prior approval by the trustee of the debtor’s incurring the obligation was practicable and was not obtained.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1305(a)(2) of the House amendment modifies similar provisions contained in the House and Senate bills by restricting application of the paragraph to a consumer debt. Debts of the debtor that are not consumer debts should not be subjected to section 1305(c) or section 1328(d) of the House amendment. Section 1305(b) of the House amendment represents a technical modification of similar provisions contained in the House bill and Senate amendment. The House amendment deletes section 1305(d) of the Senate amendment as unnecessary. Section 502(b)(1) is sufficient to disallow any claim to the extent the claim represents the usurious interest or any other charge forbidden by applicable law. It is anticipated that the Rules of Bankruptcy Procedure may require a creditor filing a proof of claim in a case under chapter 13 to include an affirmative statement as contemplated by section 1305(d) of the Senate amendment.
|
||||
|
||||
senate report no. 95–989Section 1305, exclusively applicable in chapter 13 cases, supplements the provisions of sections 501–511 of title 11, dealing with the filing and allowance of claims. Sections 501–511 apply in chapter 13 cases by virtue of section 103(a) of this title. Section 1305(a) provides for the filing of a proof of claim for taxes and other obligations incurred after the filing of the chapter 13 case. Subsection (b) prescribes that section 502 of title 11 governs the allowance of section 1305(a) claims, except that its standards shall be applied as of the date of allowance of the claim, rather than the date of filing of the petition. Subsection (c) requires the disallowance of a postpetition claim for property or services necessary for the debtor’s performance under the plan, if the holder of the claim knew or should have known that prior approval by the trustee of the debtor’s incurring of the obligation was practicable and was not obtained.
|
||||
|
||||
house report no. 95–595Subsection (a) permits the filing of a proof of a claim against the debtor that is for taxes that become payable to a governmental unit while the case is pending, or that arises after the date of the filing of the petition for property or services that are necessary for the debtor’s performance under the plan, such as auto repairs in order that the debtor will be able to get to work, or medical bills. The effect of the latter provision, in paragraph (2), is to treat postpetition credit extended to a chapter 13 debtor the same as a prepetition claim for purposes of allowance, distribution, and so on.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1306"
|
||||
description: "Property of the estate"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1306"
|
||||
citation: "11 U.S.C. § 1306"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1306"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
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|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
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text_hash: "ea26dbd5dd8e61d5de4732f695377ffc2d62f45416fb09368cdbd4975a47bfe6"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1306 - Property of the estate
|
||||
|
||||
## Text
|
||||
|
||||
(a) Property of the estate includes, in addition to the property specified in section 541 of this title—
|
||||
|
||||
(1) all property of the kind specified in such section that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 11, or 12 of this title, whichever occurs first; and
|
||||
|
||||
(2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7, 11, or 12 of this title, whichever occurs first.
|
||||
|
||||
(b) Except as provided in a confirmed plan or order confirming a plan, the debtor shall remain in possession of all property of the estate.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 99–554, title II, § 257(u), Oct. 27, 1986, 100 Stat. 3116.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1306(a)(2) adopts a provision contained in the Senate amendment in preference to a similar provision contained in the House bill.
|
||||
|
||||
senate report no. 95–989Section 541 is expressly made applicable to chapter 13 cases by section 103(a). Section 1306 broadens the definition of property of the estate for chapter 13 purposes to include all property acquired and all earnings from services performed by the debtor after the commencement of the case. Subsection (b) nullifies the effect of section 521(3), otherwise applicable, by providing that a chapter 13 debtor need not surrender possession of property of the estate, unless required by the plan or order of confirmation.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Subsec. (a). Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,91 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1307"
|
||||
description: "Conversion or dismissal"
|
||||
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|
||||
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|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1307"
|
||||
citation: "11 U.S.C. § 1307"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1307 - Conversion or dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.
|
||||
|
||||
(b) On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.
|
||||
|
||||
(c) Except as provided in subsection (f) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including—
|
||||
|
||||
(1) unreasonable delay by the debtor that is prejudicial to creditors;
|
||||
|
||||
(2) nonpayment of any fees and charges required under chapter 123 of title 28;
|
||||
|
||||
(3) failure to file a plan timely under section 1321 of this title;
|
||||
|
||||
(4) failure to commence making timely payments under section 1326 of this title;
|
||||
|
||||
(5) denial of confirmation of a plan under section 1325 of this title and denial of a request made for additional time for filing another plan or a modification of a plan;
|
||||
|
||||
(6) material default by the debtor with respect to a term of a confirmed plan;
|
||||
|
||||
(7) revocation of the order of confirmation under section 1330 of this title, and denial of confirmation of a modified plan under section 1329 of this title;
|
||||
|
||||
(8) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan other than completion of payments under the plan;
|
||||
|
||||
(9) only on request of the United States trustee, failure of the debtor to file, within fifteen days, or such additional time as the court may allow, after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a);
|
||||
|
||||
(10) only on request of the United States trustee, failure to timely file the information required by paragraph (2) of section 521(a); or
|
||||
|
||||
(11) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.
|
||||
|
||||
(d) Except as provided in subsection (f) of this section, at any time before the confirmation of a plan under section 1325 of this title, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 or 12 of this title.
|
||||
|
||||
(e) Upon the failure of the debtor to file a tax return under section 1308, on request of a party in interest or the United States trustee and after notice and a hearing, the court shall dismiss a case or convert a case under this chapter to a case under chapter 7 of this title, whichever is in the best interest of the creditors and the estate.
|
||||
|
||||
(f) The court may not convert a case under this chapter to a case under chapter 7, 11, or 12 of this title if the debtor is a farmer, unless the debtor requests such conversion.
|
||||
|
||||
(g) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 98–353, title III, §§ 315, 527, July 10, 1984, 98 Stat. 356, 389; Pub. L. 99–554, title II, §§ 229, 257(v), Oct. 27, 1986, 100 Stat. 3103, 3116; Pub. L. 109–8, title II, § 213(7), title VII, § 716(c), Apr. 20, 2005, 119 Stat. 53, 130; Pub. L. 111–327, § 2(a)(41), Dec. 22, 2010, 124 Stat. 3562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 1307(a) is derived from the Senate amendment in preference to a comparable provision contained in the House bill.
|
||||
|
||||
senate report no. 95–989Subsections (a) and (b) confirm, without qualification, the rights of a chapter 13 debtor to convert the case to a liquidating bankruptcy case under chapter 7 of title 11, at any time, or to have the chapter 13 case dismissed. Waiver of any such right is unenforceable. Subsection (c) specifies various conditions for the exercise of the power of the court to convert a chapter 13 case to one under chapter 7 or to dismiss the case. Subsection (d) deals with the conversion of a chapter 13 case to one under chapter 11. Subsection (e) prohibits conversion of the chapter 13 case filed by a farmer to chapter 7 or 11 except at the request of the debtor. No case is to be converted from chapter 13 to any other chapter, unless the debtor is an eligible debtor under the new chapter.
|
||||
|
||||
house report no. 95–595Subsection (f) reinforces section 109 by prohibiting conversion to a chapter under which the debtor is not eligible to proceed.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (c). Pub. L. 111–327, § 2(a)(41)(A)(i), substituted “subsection (f)” for “subsection (e)” in introductory provisions. Subsec. (c)(9), (10). Pub. L. 111–327, § 2(a)(41)(A)(ii), (iii), substituted “521(a)” for “521”. Subsec. (d). Pub. L. 111–327, § 2(a)(41)(B), substituted “subsection (f)” for “subsection (e)”. 2005—Subsec. (c)(11). Pub. L. 109–8, § 213(7), added par. (11). Subsecs. (e) to (g). Pub. L. 109–8, § 716(c), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 1986—Subsec. (b). Pub. L. 99–554, § 257(v)(1), inserted reference to section 1208 of this title. Subsec. (c). Pub. L. 99–554, § 229(1)(A), inserted “or the United States trustee” after “party in interest” in provisions preceding par. (1). Subsec. (c)(9), (10). Pub. L. 99–554, § 229(1)(B)–(D), added pars. (9) and (10). Subsec. (d). Pub. L. 99–554, § 257(v)(2), inserted reference to chapter 12. Pub. L. 99–554, § 229(2), inserted “or the United States trustee” after “party in interest”. Subsec. (e). Pub. L. 99–554, § 257(v)(3), inserted reference to chapter 12. 1984—Subsec. (b). Pub. L. 98–353, § 527(a), inserted a comma after “time”. Subsec. (c)(4). Pub. L. 98–353, § 315(2), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 98–353, §§ 315(1), 527(b)(1), redesignated former par. (4) as (5) and inserted “a request made for” before “additional”. Former par. (5) redesignated (6). Subsec. (c)(6). Pub. L. 98–353, § 315(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 98–353, §§ 315(1), 527(b)(2), redesignated former par. (6) as (7) and substituted “or” for “and”. Former par. (7) redesignated (8). Subsec. (c)(8). Pub. L. 98–353, §§ 315(1), 527(b)(3), redesignated former par. (7) as (8) and inserted “other than completion of payments under the plan” after “in the plan”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by 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 1986 AmendmentEffective date and applicability of amendment by section 229 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 1308"
|
||||
description: "Filing of prepetition tax returns"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 11
|
||||
title_name: "BANKRUPTCY"
|
||||
chapter_number: "13"
|
||||
chapter_name: "ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME"
|
||||
section: "1308"
|
||||
citation: "11 U.S.C. § 1308"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s1308"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
source_hash: "cbeb84ddb47c669e13a44aba5a95aae5f96aac11b5529ad4fc90235d53653d92"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "8bf8ff8dd3b57cf74c5c2fda847215316ff3efeba0254efcc47a76007eb50088"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 1308 - Filing of prepetition tax returns
|
||||
|
||||
## Text
|
||||
|
||||
(a) Not later than the day before the date on which the meeting of the creditors is first scheduled to be held under section 341(a), if the debtor was required to file a tax return under applicable nonbankruptcy law, the debtor shall file with appropriate tax authorities all tax returns for all taxable periods ending during the 4-year period ending on the date of the filing of the petition.
|
||||
|
||||
(b) (1) Subject to paragraph (2), if the tax returns required by subsection (a) have not been filed by the date on which the meeting of creditors is first scheduled to be held under section 341(a), the trustee may hold open that meeting for a reasonable period of time to allow the debtor an additional period of time to file any unfiled returns, but such additional period of time shall not extend beyond—
|
||||
|
||||
(A) for any return that is past due as of the date of the filing of the petition, the date that is 120 days after the date of that meeting; or
|
||||
|
||||
(B) for any return that is not past due as of the date of the filing of the petition, the later of—
|
||||
|
||||
(i) the date that is 120 days after the date of that meeting; or
|
||||
|
||||
(ii) the date on which the return is due under the last automatic extension of time for filing that return to which the debtor is entitled, and for which request is timely made, in accordance with applicable nonbankruptcy law.
|
||||
|
||||
(2) After notice and a hearing, and order entered before the tolling of any applicable filing period determined under paragraph (1), if the debtor demonstrates by a preponderance of the evidence that the failure to file a return as required under paragraph (1) is attributable to circumstances beyond the control of the debtor, the court may extend the filing period established by the trustee under paragraph (1) for—
|
||||
|
||||
(A) a period of not more than 30 days for returns described in paragraph (1)(A); and
|
||||
|
||||
(B) a period not to extend after the applicable extended due date for a return described in paragraph (1)(B).
|
||||
|
||||
(c) For purposes of this section, the term “return” includes a return prepared pursuant to subsection (a) or (b) of section 6020 of the Internal Revenue Code of 1986, or a similar State or local law, or a written stipulation to a judgment or a final order entered by a nonbankruptcy tribunal.
|
||||
|
||||
(Added Pub. L. 109–8, title VII, § 716(b)(1), Apr. 20, 2005, 119 Stat. 129; amended Pub. L. 111–327, § 2(a)(42), Dec. 22, 2010, 124 Stat. 3562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 6020 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 6020 of Title 26, Internal Revenue Code.
|
||||
|
||||
Amendments2010—Subsec. (b)(2). Pub. L. 111–327, § 2(a)(42)(C), substituted “paragraph (1)” for “this subsection” wherever appearing in introductory provisions. Subsec. (b)(2)(A). Pub. L. 111–327, § 2(a)(42)(A), substituted “paragraph (1)(A)” for “paragraph (1)”. Subsec. (b)(2)(B). Pub. L. 111–327, § 2(a)(42)(B), substituted “paragraph (1)(B)” for “paragraph (2)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 2005 Amendment note under section 101 of this title.
|
||||
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