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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---
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type: "LegalText"
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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.
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(Added Pub. L. 109–8, title II, § 233(a), Apr. 20, 2005, 119 Stat. 74.)
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## Notes
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Statutory Notes and Related Subsidiaries
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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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Reference in New Issue
Block a user