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. § 301"
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description: "Voluntary cases"
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kind: "code_section"
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title_number: 11
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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chapter_name: "CASE ADMINISTRATION"
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section: "301"
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citation: "11 U.S.C. § 301"
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tags: ["legal", "us-code"]
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---
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# 11 U.S.C. § 301 - Voluntary cases
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## Text
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(a) A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter.
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(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2558; Pub. L. 109–8, title V, § 501(b), Apr. 20, 2005, 119 Stat. 118.)
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## Notes
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Historical and Revision Notes
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legislative statementsSections 301, 302, 303, and 304 are all modified in the House amendment to adopt an idea contained in sections 301 and 303 of the Senate amendment requiring a petition commencing a case to be filed with the bankruptcy court. The exception contained in section 301 of the Senate bill relating to cases filed under chapter 9 is deleted. Chapter 9 cases will be handled by a bankruptcy court as are other title 11 cases.
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senate report no. 95–989Section 301 specifies the manner in which a voluntary bankruptcy case is commenced. The debtor files a petition under this section under the particular operative chapter of the bankruptcy code under which he wishes to proceed. The filing of the petition constitutes an order for relief in the case under that chapter. The section contains no change from current law, except for the use of the phrase “order for relief” instead of “adjudication.” The term adjudication is replaced by a less pejorative phrase in light of the clear power of Congress to permit voluntary bankruptcy without the necessity for an adjudication, as under the 1898 act [former title 11], which was adopted when voluntary bankruptcy was a concept not thoroughly tested.
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Editorial Notes
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Amendments2005—Pub. L. 109–8 designated existing provisions as subsec. (a), struck out “The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.” at end, and added subsec. (b).
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Statutory Notes and Related Subsidiaries
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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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---
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type: "LegalText"
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title: "11 U.S.C. § 302"
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description: "Joint cases"
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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chapter_name: "CASE ADMINISTRATION"
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section: "302"
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citation: "11 U.S.C. § 302"
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tags: ["legal", "us-code"]
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---
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# 11 U.S.C. § 302 - Joint cases
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## Text
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(a) A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual’s spouse. The commencement of a joint case under a chapter of this title constitutes an order for relief under such chapter.
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(b) After the commencement of a joint case, the court shall determine the extent, if any, to which the debtors’ estates shall be consolidated.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2558.)
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## Notes
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Historical and Revision Notes
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senate report no. 95–989A joint case is a voluntary bankruptcy case concerning a wife and husband. Under current law, there is no explicit provision for joint cases. Very often, however, in the consumer debtor context, a husband and wife are jointly liable on their debts, and jointly hold most of their property. A joint case will facilitate consolidation of their estates, to the benefit of both the debtors and their creditors, because the cost of administration will be reduced, and there will be only one filing fee. Section 302 specifies that a joint case is commenced by the filing of a petition under an appropriate chapter by an individual and that individual’s spouse. Thus, one spouse cannot take the other into bankruptcy without the other’s knowledge or consent. The filing of the petition constitutes an order for relief under the chapter selected. Subsection (b) requires the court to determine the extent, if any, to which the estates of the two debtors will be consolidated; that is, assets and liabilities combined in a single pool to pay creditors. Factors that will be relevant in the court’s determination include the extent of jointly held property and the amount of jointly-owned debts. The section, of course, is not license to consolidate in order to avoid other provisions of the title to the detriment of either the debtors or their creditors. It is designed mainly for ease of administration.
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---
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type: "LegalText"
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title: "11 U.S.C. § 304"
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description: "Repealed. Pub. L. 109–8, title VIII, § 802(d)(3), Apr. 20, 2005, 119 Stat. 146]"
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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chapter_name: "CASE ADMINISTRATION"
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section: "304"
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citation: "11 U.S.C. § 304"
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---
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# 11 U.S.C. § 304 - Repealed. Pub. L. 109–8, title VIII, § 802(d)(3), Apr. 20, 2005, 119 Stat. 146]
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## Notes
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Section, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2560, related to cases ancillary to foreign proceedings.
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Statutory Notes and Related Subsidiaries
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Effective Date of RepealRepeal 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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---
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type: "LegalText"
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title: "11 U.S.C. § 305"
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description: "Abstention"
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kind: "code_section"
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title_number: 11
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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chapter_name: "CASE ADMINISTRATION"
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section: "305"
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citation: "11 U.S.C. § 305"
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status: "current"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 11 U.S.C. § 305 - Abstention
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## Text
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(a) The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if—
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(1) the interests of creditors and the debtor would be better served by such dismissal or suspension; or
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(2) (A) a petition under section 1515 for recognition of a foreign proceeding has been granted; and
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(B) the purposes of chapter 15 of this title would be best served by such dismissal or suspension.
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(b) A foreign representative may seek dismissal or suspension under subsection (a)(2) of this section.
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(c) An order under subsection (a) of this section dismissing a case or suspending all proceedings in a case, or a decision not so to dismiss or suspend, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 101–650, title III, § 309(a), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 102–198, § 5, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 109–8, title VIII, § 802(d)(6), Apr. 20, 2005, 119 Stat. 146.)
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## Notes
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Historical and Revision Notes
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senate report no. 95–989A principle of the common law requires a court with jurisdiction over a particular matter to take jurisdiction. This section recognizes that there are cases in which it would be appropriate for the court to decline jurisdiction. Abstention under this section, however, is of jurisdiction over the entire case. Abstention from jurisdiction over a particular proceeding in a case is governed by proposed 28 U.S.C. 1471(c). Thus, the court is permitted, if the interests of creditors and the debtor would be better served by dismissal of the case or suspension of all proceedings in the case, to so order. The court may dismiss or suspend under the first paragraph, for example, if an arrangement is being worked out by creditors and the debtor out of court, there is no prejudice to the results of creditors in that arrangement, and an involuntary case has been commenced by a few recalcitrant creditors to provide a basis for future threats to extract full payment. The less expensive out-of-court workout may better serve the interests in the case. Likewise, if there is pending a foreign proceeding concerning the debtor and the factors specified in proposed 11 U.S.C. 304(c) warrant dismissal or suspension, the court may so act. Subsection (b) gives a foreign representative authority to appear in the bankruptcy court to request dismissal or suspension. Subsection (c) makes the dismissal or suspension order nonreviewable by appeal or otherwise. The bankruptcy court, based on its experience and discretion is vested with the power of decision.
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Editorial Notes
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Amendments2005—Subsec. (a)(2). Pub. L. 109–8 added par. (2) and struck out former par. (2) which read as follows: “(2)(A) there is pending a foreign proceeding; and “(B) the factors specified in section 304(c) of this title warrant such dismissal or suspension.” 1991—Subsec. (c). Pub. L. 102–198 substituted “title 28” for “this title” in two places. 1990—Subsec. (c). Pub. L. 101–650 inserted before period at end “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title”.
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Statutory Notes and Related Subsidiaries
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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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---
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||||
type: "LegalText"
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title: "11 U.S.C. § 306"
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section: "306"
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citation: "11 U.S.C. § 306"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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||||
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# 11 U.S.C. § 306 - Limited appearance
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## Text
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An appearance in a bankruptcy court by a foreign representative in connection with a petition or request under section 303 or 305 of this title does not submit such foreign representative to the jurisdiction of any court in the United States for any other purpose, but the bankruptcy court may condition any order under section 303 or 305 of this title on compliance by such foreign representative with the orders of such bankruptcy court.
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(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 109–8, title VIII, § 802(d)(5), Apr. 20, 2005, 119 Stat. 146.)
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## Notes
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Historical and Revision Notes
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senate report no. 95–989Section 306 permits a foreign representative that is seeking dismissal or suspension under section 305 of an ancillary case or that is appearing in connection with a petition under section 303 or 304 to appear without subjecting himself to the jurisdiction of any other court in the United States, including State courts. The protection is necessary to allow the foreign representative to present his case and the case of the foreign estate, without waiving the normal jurisdictional rules of the foreign country. That is, creditors in this country will still have to seek redress against the foreign estate according to the host country’s jurisdictional rules. Any other result would permit local creditors to obtain unfair advantage by filing an involuntary case, thus requiring the foreign representative to appear, and then obtaining local jurisdiction over the representative in connection with his appearance in this country. That kind of bankruptcy law would legalize an ambush technique that has frequently been rejected by the common law in other contexts. However, the bankruptcy court is permitted under section 306 to condition any relief under section 303, 304, or 305 on the compliance by the foreign representative with the orders of the bankruptcy court. The last provision is not carte blanche to the bankruptcy court to require the foreign representative to submit to jurisdiction in other courts contrary to the general policy of the section. It is designed to enable the bankruptcy court to enforce its own orders that are necessary to the appropriate relief granted under section 303, 304, or 305.
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Editorial Notes
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Amendments2005—Pub. L. 109–8 struck out “, 304,” after “section 303” in two places.
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Statutory Notes and Related Subsidiaries
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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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---
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type: "LegalText"
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title: "11 U.S.C. § 307"
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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||||
chapter_name: "CASE ADMINISTRATION"
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section: "307"
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citation: "11 U.S.C. § 307"
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||||
status: "current"
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release_date: "2026-06-26"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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||||
---
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||||
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# 11 U.S.C. § 307 - United States trustee
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## Text
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The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title.
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(Added Pub. L. 99–554, title II, § 205(a), Oct. 27, 1986, 100 Stat. 3098.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Effective DateEffective date and applicability of section 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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Standing and Authority of Bankruptcy AdministratorPub. L. 101–650, title III, § 317(b), Dec. 1, 1990, 104 Stat. 5115, provided that: “A bankruptcy administrator may raise and may appear and be heard on any issue in any case under title 11, United States Code, but may not file a plan pursuant to section 1121(c) of such title.”
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||||
---
|
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type: "LegalText"
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||||
title: "11 U.S.C. § 308"
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description: "Debtor reporting requirements"
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jurisdiction: "us"
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kind: "code_section"
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title_number: 11
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title_name: "BANKRUPTCY"
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chapter_number: "3"
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chapter_name: "CASE ADMINISTRATION"
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section: "308"
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||||
citation: "11 U.S.C. § 308"
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source_identifier: "/us/usc/t11/s308"
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source_hash: "0b5b78c4937454d8f2fe40274d120d9e4f2c1d9829050e894938147d932b6a05"
|
||||
raw_snapshot_hash: "49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2"
|
||||
text_hash: "a4c7ade8fed7d49f15bc2e990fd76376b94fea497c9d360a2b7d85f88b0e3533"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 308 - Debtor reporting requirements
|
||||
|
||||
## Text
|
||||
|
||||
(a) For purposes of this section, the term “profitability” means, with respect to a debtor, the amount of money that the debtor has earned or lost during current and recent fiscal periods.
|
||||
|
||||
(b) A debtor in a small business case shall file periodic financial and other reports containing information including—
|
||||
|
||||
(1) the debtor’s profitability;
|
||||
|
||||
(2) reasonable approximations of the debtor’s projected cash receipts and cash disbursements over a reasonable period;
|
||||
|
||||
(3) comparisons of actual cash receipts and disbursements with projections in prior reports;
|
||||
|
||||
(4) whether the debtor is—
|
||||
|
||||
(A) in compliance in all material respects with postpetition requirements imposed by this title and the Federal Rules of Bankruptcy Procedure; and
|
||||
|
||||
(B) timely filing tax returns and other required government filings and paying taxes and other administrative expenses when due;
|
||||
|
||||
(5) if the debtor is not in compliance with the requirements referred to in paragraph (4)(A) or filing tax returns and other required government filings and making the payments referred to in paragraph (4)(B), what the failures are and how, at what cost, and when the debtor intends to remedy such failures; and
|
||||
|
||||
(6) such other matters as are in the best interests of the debtor and creditors, and in the public interest in fair and efficient procedures under chapter 11 of this title.
|
||||
|
||||
(Added Pub. L. 109–8, title IV, § 434(a)(1), Apr. 20, 2005, 119 Stat. 111; amended Pub. L. 111–327, § 2(a)(10), Dec. 22, 2010, 124 Stat. 3558.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(4)(A), are set out in the Appendix to this title.
|
||||
|
||||
Amendments2010—Subsec. (b). Pub. L. 111–327, § 2(a)(10)(A), substituted “debtor in a small business case” for “small business debtor” in introductory provisions. Subsec. (b)(4) to (6). Pub. L. 111–327, § 2(a)(10)(B), struck out subpar. (A) designation before “whether the debtor” in par. (4) and redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, redesignated former subpars. (B) and (C) of par. (4) as pars. (5) and (6), respectively, and, in par. (5), substituted “paragraph (4)(A)” for “subparagraph (A)(i)” and “paragraph (4)(B)” for “subparagraph (A)(ii)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 109–8, title IV, § 434(b), Apr. 20, 2005, 119 Stat. 111, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect 60 days after the date on which rules are prescribed under section 2075 of title 28, United States Code, to establish forms to be used to comply with section 308 of title 11, United States Code, as added by subsection (a) [See Bankruptcy Form No. 25C, eff. Dec. 1, 2008].”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 321"
|
||||
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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. § 321"
|
||||
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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. § 321 - Eligibility to serve as trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) A person may serve as trustee in a case under this title only if such person is—
|
||||
|
||||
(1) an individual that is competent to perform the duties of trustee and, in a case under chapter 7, 12, or 13 of this title, resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or
|
||||
|
||||
(2) a corporation authorized by such corporation’s charter or bylaws to act as trustee, and, in a case under chapter 7, 12, or 13 of this title, having an office in at least one of such districts.
|
||||
|
||||
(b) A person that has served as an examiner in the case may not serve as trustee in the case.
|
||||
|
||||
(c) The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 98–353, title III, § 428, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 206, 257(c), Oct. 27, 1986, 100 Stat. 3098, 3114.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 321 indicates that an examiner may not serve as a trustee in the case.
|
||||
|
||||
senate report no. 95–989Section 321 is adapted from current Bankruptcy Act § 45 [section 73 of former title 11] and Bankruptcy Rule 209. Subsection (a) specifies that an individual may serve as trustee in a bankruptcy case only if he is competent to perform the duties of trustee and resides or has an office in the judicial district within which the case is pending, or in an adjacent judicial district. A corporation must be authorized by its charter or bylaws to act as trustee, and, for chapter 7 or 13 cases, must have an office in any of the above mentioned judicial districts.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Subsec. (a). Pub. L. 99–554, § 257(c), inserted reference to chapter 12 in two places. Subsec. (c). Pub. L. 99–554, § 206, added subsec. (c). 1984—Subsec. (b). Pub. L. 98–353 substituted “the case” for “a case” after “an examiner in”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by section 206 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 +1,71 @@
|
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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. § 322 - Qualification of trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.
|
||||
|
||||
(b) (1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title.
|
||||
|
||||
(2) The United States trustee shall determine—
|
||||
|
||||
(A) the amount of a bond required to be filed under subsection (a) of this section; and
|
||||
|
||||
(B) the sufficiency of the surety on such bond.
|
||||
|
||||
(c) A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor.
|
||||
|
||||
(d) A proceeding on a trustee’s bond may not be commenced after two years after the date on which such trustee was discharged.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98–353, title III, § 429, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 207, 257(d), Oct. 27, 1986, 100 Stat. 3098, 3114; Pub. L. 103–394, title V, § 501(d)(3), Oct. 22, 1994, 108 Stat. 4143; Pub. L. 111–16, § 2(2), May 7, 2009, 123 Stat. 1607; Pub. L. 116–54, § 4(a)(3), Aug. 23, 2019, 133 Stat. 1085.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 322(a) is modified to include a trustee serving in a railroad reorganization under subchapter IV of chapter 11.
|
||||
|
||||
senate report no. 95–989A trustee qualifies in a case by filing, within five days after selection, a bond in favor of the United States, conditioned on the faithful performance of his official duties. This section is derived from the Bankruptcy Act section 50b [section 78(b) of former title 11]. The court is required to determine the amount of the bond and the sufficiency of the surety on the bond. Subsection (c), derived from Bankruptcy Act section 50i [section 78(i) of former title 11], relieves the trustee from personal liability and from liability on his bond for any penalty or forfeiture incurred by the debtor. Subsection (d), derived from section 50m [section 78(m) of former title 11], fixes a two-year statute of limitations on any action on a trustee’s bond. Finally, subsection (e) dispenses with the bonding requirement for the United States trustee.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (a). Pub. L. 116–54 inserted “1183,” after “1163,”. 2009—Subsec. (a). Pub. L. 111–16 substituted “seven days” for “five days”. 1994—Subsec. (a). Pub. L. 103–394 substituted “1202, or 1302” for “1302, or 1202”. 1986—Subsec. (a). Pub. L. 99–554, § 257(d), inserted reference to section 1202 of this title. Pub. L. 99–554, § 207(1), substituted “Except as provided in subsection (b)(1), a person” for “A person”. Subsec. (b). Pub. L. 99–554, § 207(2), amended subsec. (b) generally, adding par. (1), designating existing provisions as par. (2), substituting “The United States trustee” for “The court”, “(A) the amount” for “(1) the amount”, and “(B) the sufficiency” for “(2) the sufficiency”. 1984—Subsec. (b)(1). Pub. L. 98–353 inserted “required to be”.
|
||||
|
||||
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 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 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 207 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 +1,43 @@
|
||||
---
|
||||
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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. § 323 - Role and capacity of trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) The trustee in a case under this title is the representative of the estate.
|
||||
|
||||
(b) The trustee in a case under this title has capacity to sue and be sued.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Subsection (a) of this section makes the trustee the representative of the estate. Subsection (b) grants the trustee the capacity to sue and to be sued. If the debtor remains in possession in a chapter 11 case, section 1107 gives the debtor in possession these rights of the trustee: the debtor in possession becomes the representative of the estate, and may sue and be sued. The same applies in a chapter 13 case.
|
||||
@@ -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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|
||||
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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. § 324 - Removal of trustee or examiner
|
||||
|
||||
## Text
|
||||
|
||||
(a) The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause.
|
||||
|
||||
(b) Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 99–554, title II, § 208, Oct. 27, 1986, 100 Stat. 3098.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section permits the court, after notice and a hearing, to remove a trustee for cause.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Pub. L. 99–554 amended section generally, designating existing provisions as subsec. (a), substituting “a trustee, other than the United States trustee, or an examiner” for “a trustee or an examiner”, and adding subsec. (b).
|
||||
|
||||
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 +1,41 @@
|
||||
---
|
||||
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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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|
||||
citation: "11 U.S.C. § 325"
|
||||
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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. § 325 - Effect of vacancy
|
||||
|
||||
## Text
|
||||
|
||||
A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Section 325, derived from Bankruptcy Act section 46 [section 74 of former title 11] and Bankruptcy Rule 221(b), specifies that a vacancy in the office of trustee during a case does not abate any pending action or proceeding. The successor trustee, when selected and qualified, is substituted as a party in any pending action or proceeding.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
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|
||||
|
||||
# 11 U.S.C. § 326 - Limitation on compensation of trustee
|
||||
|
||||
## Text
|
||||
|
||||
(a) In a case under chapter 7 or 11, other than a case under subchapter V of chapter 11, the court may allow reasonable compensation under section 330 of this title of the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25 percent on the first $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3 percent of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims.
|
||||
|
||||
(b) In a case under subchapter V of chapter 11 or chapter 12 or 13 of this title, the court may not allow compensation for services or reimbursement of expenses of the United States trustee or of a standing trustee appointed under section 586(b) of title 28, but may allow reasonable compensation under section 330 of this title of a trustee appointed under section 1202(a) or 1302(a) of this title for the trustee’s services, payable after the trustee renders such services, not to exceed five percent upon all payments under the plan.
|
||||
|
||||
(c) If more than one person serves as trustee in the case, the aggregate compensation of such persons for such service may not exceed the maximum compensation prescribed for a single trustee by subsection (a) or (b) of this section, as the case may be.
|
||||
|
||||
(d) The court may deny allowance of compensation for services or reimbursement of expenses of the trustee if the trustee failed to make diligent inquiry into facts that would permit denial of allowance under section 328(c) of this title or, with knowledge of such facts, employed a professional person under section 327 of this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98–353, title III, § 430(a), (b), July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 209, Oct. 27, 1986, 100 Stat. 3098; Pub. L. 103–394, title I, § 107, Oct. 22, 1994, 108 Stat. 4111; Pub. L. 116–54, § 4(a)(4), Aug. 23, 2019, 133 Stat. 1085.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 326(a) of the House amendment modifies a provision as contained in H.R. 8200 as passed by the House. The percentage limitation on the fees of a trustee contained in the House bill is retained, but no additional percentage is specified for cases in which a trustee operates the business of the debtor. Section 326(b) of the Senate amendment is deleted as an unnecessary restatement of the limitation contained in section 326(a) as modified. The provision contained in section 326(a) of the Senate amendment authorizing a trustee to receive a maximum fee of $150 regardless of the availability of assets in the estate is deleted. It will not be necessary in view of the increase in section 326(a) and the doubling of the minimum fee as provided in section 330(b). Section 326(b) of the House amendment derives from section 326(c) of H.R. 8200 as passed by the House. It is a conforming amendment to indicate a change with respect to the selection of a trustee in a chapter 13 case under section 1302(a) of title 11.
|
||||
|
||||
senate report no. 95–989This section is derived in part from section 48c of the Bankruptcy Act [section 76(c) of former title 11]. It must be emphasized that this section does not authorize compensation of trustees. This section simply fixes the maximum compensation of a trustee. Proposed 11 U.S.C. 330 authorizes and fixes the standard of compensation. Under section 48c of current law, the maximum limits have tended to become minimums in many cases. This section is not intended to be so interpreted. The limits in this section, together with the limitations found in section 330, are to be applied as outer limits, and not as grants or entitlements to the maximum fees specified. The maximum fee schedule is derived from section 48c(1) of the present act [section 76(c)(1) of former title 11], but with a change relating to the bases on which the percentage maxima are computed. The maximum fee schedule is based on decreasing percentages of increasing amounts. The amounts are the amounts of money distributed by the trustee to parties in interest, excluding the debtor, but including secured creditors. These amounts were last amended in 1952. Since then, the cost of living has approximately doubled. Thus, the bases were doubled. It should be noted that the bases on which the maximum fee is computed includes moneys turned over to secured creditors, to cover the situation where the trustee liquidates property subject to a lien and distributes the proceeds. It does not cover cases in which the trustee simply turns over the property to the secured creditor, nor where the trustee abandons the property and the secured creditor is permitted to foreclose. The provision is also subject to the rights of the secured creditor generally under proposed section 506, especially 506(c). The $150 discretionary fee provision of current law is retained. Subsection (b) of this section entitles an operating trustee to a reasonable fee, without any limitation based on the maximum provided for a liquidating trustee as in current law, Bankruptcy Act § 48c(2) [section 76(c)(2) of former title 11]. Subsection (c) [enacted as (b)] permits a maximum fee of five percent on all payments to creditors under a chapter 13 plan to the trustee appointed in the case. Subsection (d) [enacted as (c)] provides a limitation not found in current law. Even if more than one trustee serves in the case, the maximum fee payable to all trustees does not change. For example, if an interim trustee is appointed and an elected trustee replaces him, the combined total of the fees payable to the interim trustee and the permanent trustee may not exceed the amount specified in this section. Under current law, very often a receiver receives a full fee and a subsequent trustee also receives a full fee. The resultant “double-dipping”, especially in cases in which the receiver and the trustee are the same individual, is detrimental to the interests of creditors, by needlessly increasing the cost of administering bankruptcy estates. Subsection (e) [enacted as (d)] permits the court to deny compensation to a trustee if the trustee has been derelict in his duty by employing counsel, who is not disinterested.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (a). Pub. L. 116–54, § 4(a)(4)(A), inserted “, other than a case under subchapter V of chapter 11” after “7 or 11”. Subsec. (b). Pub. L. 116–54, § 4(a)(4)(B), inserted “subchapter V of chapter 11 or” after “In a case under”. 1994—Subsec. (a). Pub. L. 103–394 substituted “25 percent on the first $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3 percent of such moneys in excess of $1,000,000” for “fifteen percent on the first $1,000 or less, six percent on any amount in excess of $1,000 but not in excess of $3,000, and three percent on any amount in excess of $3,000”. 1986—Subsec. (b). Pub. L. 99–554 amended subsec. (b) generally, substituting “under chapter 12 or 13 of this title” for “under chapter 13 of this title”, “expenses of the United States trustee or of a standing trustee appointed under section 586(b) of title 28” for “expenses of a standing trustee appointed under section 1302(d) of this title”, and “under section 1202(a) or 1302(a) of this title” for “under section 1302(a) of this title”. 1984—Subsec. (a). Pub. L. 98–353, § 430(a), substituted “and three percent on any amount in excess of $3000” for “three percent on any amount in excess of $3,000 but not in excess of $20,000, two percent on any amount in excess of $20,000 but not in excess of $50,000, and one percent on any amount in excess of $50,000”. Subsec. (d). Pub. L. 98–353, § 430(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The court may deny allowance of compensation for services and reimbursement of expenses of the trustee if the trustee— “(1) failed to make diligent inquiry into facts that would permit denial of allowance under section 328(c) of this title; or “(2) with knowledge of such facts, employed a professional person under section 327 of this title.”
|
||||
|
||||
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 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.
|
||||
|
||||
References in Subsection (b) Temporarily Deemed To Include Additional ReferencesUntil 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, for purposes of such case any reference in subsec. (b) of this section— (1) to chapter 13 of this title is deemed to be a reference to chapter 12 or 13 of this title, (2) to section 1302(d) of this title is deemed to be a reference to section 1302(d) of this title or section 586(b) of Title 28, Judiciary and Judicial Procedure, and (3) to section 1302(a) of this title is deemed to be a reference to section 1202(a) or 1302(a) of this title, see section 302(c)(3)(A), (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.
|
||||
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|
||||
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---
|
||||
|
||||
# 11 U.S.C. § 327 - Employment of professional persons
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as otherwise provided in this section, the trustee, with the court’s approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the trustee in carrying out the trustee’s duties under this title.
|
||||
|
||||
(b) If the trustee is authorized to operate the business of the debtor under section 721, 1202, or 1108 of this title, and if the debtor has regularly employed attorneys, accountants, or other professional persons on salary, the trustee may retain or replace such professional persons if necessary in the operation of such business.
|
||||
|
||||
(c) In a case under chapter 7, 12, or 11 of this title, a person is not disqualified for employment under this section solely because of such person’s employment by or representation of a creditor, unless there is objection by another creditor or the United States trustee, in which case the court shall disapprove such employment if there is an actual conflict of interest.
|
||||
|
||||
(d) The court may authorize the trustee to act as attorney or accountant for the estate if such authorization is in the best interest of the estate.
|
||||
|
||||
(e) The trustee, with the court’s approval, may employ, for a specified special purpose, other than to represent the trustee in conducting the case, an attorney that has represented the debtor, if in the best interest of the estate, and if such attorney does not represent or hold any interest adverse to the debtor or to the estate with respect to the matter on which such attorney is to be employed.
|
||||
|
||||
(f) The trustee may not employ a person that has served as an examiner in the case.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2563; Pub. L. 98–353, title III, § 430(c), July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, §§ 210, 257(e), Oct. 27, 1986, 100 Stat. 3099, 3114.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 327(a) of the House amendment contains a technical amendment indicating that attorneys, and perhaps other officers enumerated therein, represent, rather than assist, the trustee in carrying out the trustee’s duties. Section 327(c) represents a compromise between H.R. 8200 as passed by the House and the Senate amendment. The provision states that former representation of a creditor, whether secured or unsecured, will not automatically disqualify a person from being employed by a trustee, but if such person is employed by the trustee, the person may no longer represent the creditor in connection with the case. Section 327(f) prevents an examiner from being employed by the trustee.
|
||||
|
||||
senate report no. 95–989This section authorizes the trustee, subject to the court’s approval, to employ professional persons, such as attorneys, accountants, appraisers, and auctioneers, to represent or perform services for the estate. The trustee may employ only disinterested persons that do not hold or represent an interest adverse to the estate. Subsection (b) is an exception, and authorizes the trustee to retain or replace professional persons that the debtor has employed if necessary in the operation of the debtor’s business. Subsection (c) provides a professional person is not disqualified for employment solely because of the person’s prior employment by or representation of a secured or unsecured creditor. Subsection (d) permits the court to authorize the trustee, if qualified to act as his own counsel or accountant. Subsection (e) permits the trustee, subject to the court’s approval, to employ for a specified special purpose an attorney that has represented the debtor, if such employment is in the best interest of the estate and if the attorney does not hold or represent an interest adverse to the debtor of the estate with respect to the matter on which he is to be employed. This subsection does not authorize the employment of the debtor’s attorney to represent the estate generally or to represent the trustee in the conduct of the bankruptcy case. The subsection will most likely be used when the debtor is involved in complex litigation, and changing attorneys in the middle of the case after the bankruptcy case has commenced would be detrimental to the progress of that other litigation.
|
||||
|
||||
house report no. 95–595Subsection (c) is an additional exception. The trustee may employ as his counsel a nondisinterested person if the only reason that the attorney is not disinterested is because of his representation of an unsecured creditor.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Subsec. (b). Pub. L. 99–554, § 257(e)(1), which directed the insertion of “, 1202,” after “section 721,” was executed by making the insertion after “section 721” to reflect the probable intent of Congress. Subsec. (c). Pub. L. 99–554, § 257(e)(2), which directed the insertion of “, 12,” after “section 7,” was executed by making the insertion after “chapter 7” to reflect the probable intent of Congress. Pub. L. 99–554, § 210, inserted “or the United States trustee” after “another creditor”. 1984—Subsec. (c). Pub. L. 98–353 substituted “In a case under chapter 7 or 11 of this title, a person is not disqualified for employment under this section solely because of such person’s employment by or representation of a creditor, unless there is objection by another creditor, in which case the court shall disapprove such employment if there is an actual conflict of interest.” for “In a case under chapter 7 or 11 of this title, a person is not disqualified for employment under this section solely because of such person’s employment by or representation of a creditor, but may not, while employed by the trustee, represent, in connection with the case, a creditor.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentEffective date and applicability of amendment by section 210 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.
|
||||
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---
|
||||
|
||||
# 11 U.S.C. § 328 - Limitation on compensation of professional persons
|
||||
|
||||
## Text
|
||||
|
||||
(a) The trustee, or a committee appointed under section 1102 of this title, with the court’s approval, may employ or authorize the employment of a professional person under section 327 or 1103 of this title, as the case may be, on any reasonable terms and conditions of employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on a contingent fee basis. Notwithstanding such terms and conditions, the court may allow compensation different from the compensation provided under such terms and conditions after the conclusion of such employment, if such terms and conditions prove to have been improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions.
|
||||
|
||||
(b) If the court has authorized a trustee to serve as an attorney or accountant for the estate under section 327(d) of this title, the court may allow compensation for the trustee’s services as such attorney or accountant only to the extent that the trustee performed services as attorney or accountant for the estate and not for performance of any of the trustee’s duties that are generally performed by a trustee without the assistance of an attorney or accountant for the estate.
|
||||
|
||||
(c) Except as provided in section 327(c), 327(e), or 1107(b) of this title, the court may deny allowance of compensation for services and reimbursement of expenses of a professional person employed under section 327 or 1103 of this title if, at any time during such professional person’s employment under section 327 or 1103 of this title, such professional person is not a disinterested person, or represents or holds an interest adverse to the interest of the estate with respect to the matter on which such professional person is employed.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2563; Pub. L. 98–353, title III, § 431, July 10, 1984, 98 Stat. 370; Pub. L. 109–8, title XII, § 1206, Apr. 20, 2005, 119 Stat. 194.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 328(c) adopts a technical amendment contained in the Senate amendment indicating that an attorney for the debtor in possession is not disqualified for compensation for services and reimbursement of expenses simply because of prior representation of the debtor.
|
||||
|
||||
senate report no. 95–989This section, which is parallel to section 326, fixes the maximum compensation allowable to a professional person employed under section 327. It authorizes the trustee, with the court’s approval, to employ professional persons on any reasonable terms, including on a retainer, on an hourly or on a contingent fee basis. Subsection (a) further permits the court to allow compensation different from the compensation provided under the trustee’s agreement if the prior agreement proves to have been improvident in light of development unanticipatable at the time of the agreement. The court’s power includes the power to increase as well as decrease the agreed upon compensation. This provision is permissive, not mandatory, and should not be used by the court if to do so would violate the code of ethics of the professional involved. Subsection (b) limits a trustee that has been authorized to serve as his own counsel to only one fee for each service. The purpose of permitting the trustee to serve as his own counsel is to reduce costs. It is not included to provide the trustee with a bonus by permitting him to receive two fees for the same service or to avoid the maxima fixed in section 326. Thus, this subsection requires the court to differentiate between the trustee’s services as trustee, and his services as trustee’s counsel, and to fix compensation accordingly. Services that a trustee normally performs for an estate without assistance of counsel are to be compensated under the limits fixed in section 326. Only services that he performs that are normally performed by trustee’s counsel may be compensated under the maxima imposed by this section. Subsection (c) permits the court to deny compensation for services and reimbursement of expenses if the professional person is not disinterested or if he represents or holds an interest adverse to the estate on the matter on which he is employed. The subsection provides a penalty for conflicts of interest.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (a). Pub. L. 109–8 inserted “on a fixed or percentage fee basis,” after “hourly basis,”. 1984—Subsec. (a). Pub. L. 98–353 substituted “not capable of being anticipated” for “unanticipatable”.
|
||||
|
||||
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 +1,61 @@
|
||||
---
|
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||||
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||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 329 - Debtor’s transactions with attorneys
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any attorney representing a debtor in a case under this title, or in connection with such a case, whether or not such attorney applies for compensation under this title, shall file with the court a statement of the compensation paid or agreed to be paid, if such payment or agreement was made after one year before the date of the filing of the petition, for services rendered or to be rendered in contemplation of or in connection with the case by such attorney, and the source of such compensation.
|
||||
|
||||
(b) If such compensation exceeds the reasonable value of any such services, the court may cancel any such agreement, or order the return of any such payment, to the extent excessive, to—
|
||||
|
||||
(1) the estate, if the property transferred—
|
||||
|
||||
(A) would have been property of the estate; or
|
||||
|
||||
(B) was to be paid by or on behalf of the debtor under a plan under chapter 11, 12, or 13 of this title; or
|
||||
|
||||
(2) the entity that made such payment.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 98–353, title III, § 432, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, § 257(c), Oct. 27, 1986, 100 Stat. 3114.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section, derived in large part from current Bankruptcy Act section 60d [section 96(d) of former title 11], requires the debtor’s attorney to file with the court a statement of the compensation paid or agreed to be paid to the attorney for services in contemplation of and in connection with the case, and the source of the compensation. Payments to a debtor’s attorney provide serious potential for evasion of creditor protection provisions of the bankruptcy laws, and serious potential for overreaching by the debtor’s attorney, and should be subject to careful scrutiny. Subsection (b) permits the court to deny compensation to the attorney, to cancel an agreement to pay compensation, or to order the return of compensation paid, if the compensation exceeds the reasonable value of the services provided. The return of payments already made are generally to the trustee for the benefit of the estate. However, if the property would not have come into the estate in any event, the court will order it returned to the entity that made the payment. The Bankruptcy Commission recommended a provision similar to this that would have also permitted an examination of the debtor’s transactions with insiders. S. 236, 94th Cong., 1st sess., sec. 4–311(b) (1975). Its exclusion here is to permit it to be dealt with by the Rules of Bankruptcy Procedure. It is not intended that the provision be deleted entirely, only that the flexibility of the rules is more appropriate for such evidentiary matters.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Subsec. (b)(1)(B). Pub. L. 99–554 inserted reference to chapter 12. 1984—Subsec. (a). Pub. L. 98–353, § 432(a), substituted “or” for “and” after “in contemplation of”. Subsec. (b)(1). Pub. L. 98–353, § 432(b), substituted “estate” for “trustee”.
|
||||
|
||||
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.
|
||||
|
||||
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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|
||||
---
|
||||
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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: "331"
|
||||
citation: "11 U.S.C. § 331"
|
||||
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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. § 331 - Interim compensation
|
||||
|
||||
## Text
|
||||
|
||||
A trustee, an examiner, a debtor’s attorney, or any professional person employed under section 327 or 1103 of this title may apply to the court not more than once every 120 days after an order for relief in a case under this title, or more often if the court permits, for such compensation for services rendered before the date of such an application or reimbursement for expenses incurred before such date as is provided under section 330 of this title. After notice and a hearing, the court may allow and disburse to such applicant such compensation or reimbursement.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Section 331 permits trustees and professional persons to apply to the court not more than once every 120 days for interim compensation and reimbursement payments. The court may permit more frequent applications if the circumstances warrant, such as in very large cases where the legal work is extensive and merits more frequent payments. The court is authorized to allow and order disbursement to the applicant of compensation and reimbursement that is otherwise allowable under section 330. The only effect of this section is to remove any doubt that officers of the estate may apply for, and the court may approve, compensation and reimbursement during the case, instead of being required to wait until the end of the case, which in some instances, may be years. The practice of interim compensation is followed in some courts today, but has been subject to some question. This section explicitly authorizes it. This section will apply to professionals such as auctioneers and appraisers only if they are not paid on a per job basis.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
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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: "332"
|
||||
citation: "11 U.S.C. § 332"
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 332 - Consumer privacy ombudsman
|
||||
|
||||
## Text
|
||||
|
||||
(a) If a hearing is required under section 363(b)(1)(B), the court shall order the United States trustee to appoint, not later than 7 days before the commencement of the hearing, 1 disinterested person (other than the United States trustee) to serve as the consumer privacy ombudsman in the case and shall require that notice of such hearing be timely given to such ombudsman.
|
||||
|
||||
(b) The consumer privacy ombudsman may appear and be heard at such hearing and shall provide to the court information to assist the court in its consideration of the facts, circumstances, and conditions of the proposed sale or lease of personally identifiable information under section 363(b)(1)(B). Such information may include presentation of—
|
||||
|
||||
(1) the debtor’s privacy policy;
|
||||
|
||||
(2) the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court;
|
||||
|
||||
(3) the potential costs or benefits to consumers if such sale or such lease is approved by the court; and
|
||||
|
||||
(4) the potential alternatives that would mitigate potential privacy losses or potential costs to consumers.
|
||||
|
||||
(c) A consumer privacy ombudsman shall not disclose any personally identifiable information obtained by the ombudsman under this title.
|
||||
|
||||
(Added Pub. L. 109–8, title II, § 232(a), Apr. 20, 2005, 119 Stat. 73; amended Pub. L. 111–16, § 2(3), May 7, 2009, 123 Stat. 1607.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2009—Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.
|
||||
|
||||
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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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "333"
|
||||
citation: "11 U.S.C. § 333"
|
||||
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 333 - Appointment of patient care ombudsman
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) If the debtor in a case under chapter 7, 9, or 11 is a health care business, the court shall order, not later than 30 days after the commencement of the case, the appointment of an ombudsman to monitor the quality of patient care and to represent the interests of the patients of the health care business unless the court finds that the appointment of such ombudsman is not necessary for the protection of patients under the specific facts of the case.
|
||||
|
||||
(2) (A) If the court orders the appointment of an ombudsman under paragraph (1), the United States trustee shall appoint 1 disinterested person (other than the United States trustee) to serve as such ombudsman.
|
||||
|
||||
(B) If the debtor is a health care business that provides long-term care, then the United States trustee may appoint the State Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the State in which the case is pending to serve as the ombudsman required by paragraph (1).
|
||||
|
||||
(C) If the United States trustee does not appoint a State Long-Term Care Ombudsman under subparagraph (B), the court shall notify the State Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the State in which the case is pending, of the name and address of the person who is appointed under subparagraph (A).
|
||||
|
||||
(b) An ombudsman appointed under subsection (a) shall—
|
||||
|
||||
(1) monitor the quality of patient care provided to patients of the debtor, to the extent necessary under the circumstances, including interviewing patients and physicians;
|
||||
|
||||
(2) not later than 60 days after the date of appointment, and not less frequently than at 60-day intervals thereafter, report to the court after notice to the parties in interest, at a hearing or in writing, regarding the quality of patient care provided to patients of the debtor; and
|
||||
|
||||
(3) if such ombudsman determines that the quality of patient care provided to patients of the debtor is declining significantly or is otherwise being materially compromised, file with the court a motion or a written report, with notice to the parties in interest immediately upon making such determination.
|
||||
|
||||
(c) (1) An ombudsman appointed under subsection (a) shall maintain any information obtained by such ombudsman under this section that relates to patients (including information relating to patient records) as confidential information. Such ombudsman may not review confidential patient records unless the court approves such review in advance and imposes restrictions on such ombudsman to protect the confidentiality of such records.
|
||||
|
||||
(2) An ombudsman appointed under subsection (a)(2)(B) shall have access to patient records consistent with authority of such ombudsman under the Older Americans Act of 1965 and under non-Federal laws governing the State Long-Term Care Ombudsman program.
|
||||
|
||||
(Added Pub. L. 109–8, title XI, § 1104(a)(1), Apr. 20, 2005, 119 Stat. 191.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Older Americans Act of 1965, referred to in subsecs. (a)(2)(B), (C) and (c)(2), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables.
|
||||
|
||||
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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|
||||
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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. § 341"
|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 341 - Meetings of creditors and equity security holders
|
||||
|
||||
## Text
|
||||
|
||||
(a) Within a reasonable time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors.
|
||||
|
||||
(b) The United States trustee may convene a meeting of any equity security holders.
|
||||
|
||||
(c) The court may not preside at, and may not attend, any meeting under this section including any final meeting of creditors. Notwithstanding any local court rule, provision of a State constitution, any otherwise applicable nonbankruptcy law, or any other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than 1 creditor) shall be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors.
|
||||
|
||||
(d) Prior to the conclusion of the meeting of creditors or equity security holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter 7 of this title is aware of—
|
||||
|
||||
(1) the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history;
|
||||
|
||||
(2) the debtor’s ability to file a petition under a different chapter of this title;
|
||||
|
||||
(3) the effect of receiving a discharge of debts under this title; and
|
||||
|
||||
(4) the effect of reaffirming a debt, including the debtor’s knowledge of the provisions of section 524(d) of this title.
|
||||
|
||||
(e) Notwithstanding subsections (a) and (b), the court, on the request of a party in interest and after notice and a hearing, for cause may order that the United States trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicited acceptances prior to the commencement of the case.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 99–554, title II, § 212, Oct. 27, 1986, 100 Stat. 3099; Pub. L. 103–394, title I, § 115, Oct. 22, 1994, 108 Stat. 4118; Pub. L. 109–8, title IV, §§ 402, 413, Apr. 20, 2005, 119 Stat. 104, 107.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 341(c) of the Senate amendment is deleted and a contrary provision is added indicating that the bankruptcy judge will not preside at or attend the first meeting of creditors or equity security holders but a discharge hearing for all individuals will be held at which the judge will preside.
|
||||
|
||||
senate report no. 95–989Section [Subsection] (a) of this section requires that there be a meeting of creditors within a reasonable time after the order for relief in the case. The Bankruptcy Act [former title 11] and the current Rules of Bankruptcy Procedure provide for a meeting of creditors, and specify the time and manner of the meeting, and the business to be conducted. This bill leaves those matters to the rules. Under section 405(d) of the bill, the present rules will continue to govern until new rules are promulgated. Thus, pending the adoption of different rules, the present procedure for the meeting will continue. Subsection (b) authorizes the court to order a meeting of equity security holders in cases where such a meeting would be beneficial or useful, for example, in a chapter 11 reorganization case where it may be necessary for the equity security holders to organize in order to be able to participate in the negotiation of a plan of reorganization. Subsection (c) makes clear that the bankruptcy judge is to preside at the meeting of creditors.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2005—Subsec. (c). Pub. L. 109–8, § 413, inserted at end “Notwithstanding any local court rule, provision of a State constitution, any otherwise applicable nonbankruptcy law, or any other requirement that representation at the meeting of creditors under subsection (a) be by an attorney, a creditor holding a consumer debt or any representative of the creditor (which may include an entity or an employee of an entity and may be a representative for more than 1 creditor) shall be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13, either alone or in conjunction with an attorney for the creditor. Nothing in this subsection shall be construed to require any creditor to be represented by an attorney at any meeting of creditors.” Subsec. (e). Pub. L. 109–8, § 402, added subsec. (e). 1994—Subsec. (d). Pub. L. 103–394 added subsec. (d). 1986—Subsec. (a). Pub. L. 99–554, § 212(1), substituted “the United States trustee shall convene and preside at a meeting of creditors” for “there shall be a meeting of creditors”. Subsec. (b). Pub. L. 99–554, § 212(2), substituted “United States trustee may convene” for “court may order”. Subsec. (c). Pub. L. 99–554, § 212(3), inserted “including any final meeting of creditors”.
|
||||
|
||||
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.
|
||||
|
||||
Participation by Bankruptcy Administrator at Meetings of Creditors and Equity Security HoldersPub. L. 103–394, title I, § 105, Oct. 22, 1994, 108 Stat. 4111, provided that: “(a) Presiding Officer.—A bankruptcy administrator appointed under section 302(d)(3)(I) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 99–554; 100 Stat. 3123), as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101–650; 104 Stat. 5115), or the bankruptcy administrator’s designee may preside at the meeting of creditors convened under section 341(a) of title 11, United States Code. The bankruptcy administrator or the bankruptcy administrator’s designee may preside at any meeting of equity security holders convened under section 341(b) of title 11, United States Code. “(b) Examination of the Debtor.—The bankruptcy administrator or the bankruptcy administrator’s designee may examine the debtor at the meeting of creditors and may administer the oath required under section 343 of title 11, United States Code.”
|
||||
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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. § 342 - Notice
|
||||
|
||||
## Text
|
||||
|
||||
(a) There shall be given such notice as is appropriate, including notice to any holder of a community claim, of an order for relief in a case under this title.
|
||||
|
||||
(b) Before the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give to such individual written notice containing—
|
||||
|
||||
(1) a brief description of—
|
||||
|
||||
(A) chapters 7, 11, 12, and 13 and the general purpose, benefits, and costs of proceeding under each of those chapters; and
|
||||
|
||||
(B) the types of services available from credit counseling agencies; and
|
||||
|
||||
(2) statements specifying that—
|
||||
|
||||
(A) a person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a case under this title shall be subject to fine, imprisonment, or both; and
|
||||
|
||||
(B) all information supplied by a debtor in connection with a case under this title is subject to examination by the Attorney General.
|
||||
|
||||
(c) (1) If notice is required to be given by the debtor to a creditor under this title, any rule, any applicable law, or any order of the court, such notice shall contain the name, address, and last 4 digits of the taxpayer identification number of the debtor. If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor shall include the full taxpayer identification number in the notice sent to that creditor, but the debtor shall include only the last 4 digits of the taxpayer identification number in the copy of the notice filed with the court.
|
||||
|
||||
(2) (A) If, within the 90 days before the commencement of a voluntary case, a creditor supplies the debtor in at least 2 communications sent to the debtor with the current account number of the debtor and the address at which such creditor requests to receive correspondence, then any notice required by this title to be sent by the debtor to such creditor shall be sent to such address and shall include such account number.
|
||||
|
||||
(B) If a creditor would be in violation of applicable nonbankruptcy law by sending any such communication within such 90-day period and if such creditor supplies the debtor in the last 2 communications with the current account number of the debtor and the address at which such creditor requests to receive correspondence, then any notice required by this title to be sent by the debtor to such creditor shall be sent to such address and shall include such account number.
|
||||
|
||||
(d) In a case under chapter 7 of this title in which the debtor is an individual and in which the presumption of abuse arises under section 707(b), the clerk shall give written notice to all creditors not later than 10 days after the date of the filing of the petition that the presumption of abuse has arisen.
|
||||
|
||||
(e) (1) In a case under chapter 7 or 13 of this title of a debtor who is an individual, a creditor at any time may both file with the court and serve on the debtor a notice of address to be used to provide notice in such case to such creditor.
|
||||
|
||||
(2) Any notice in such case required to be provided to such creditor by the debtor or the court later than 7 days after the court and the debtor receive such creditor’s notice of address, shall be provided to such address.
|
||||
|
||||
(f) (1) An entity may file with any bankruptcy court a notice of address to be used by all the bankruptcy courts or by particular bankruptcy courts, as so specified by such entity at the time such notice is filed, to provide notice to such entity in all cases under chapters 7 and 13 pending in the courts with respect to which such notice is filed, in which such entity is a creditor.
|
||||
|
||||
(2) In any case filed under chapter 7 or 13, any notice required to be provided by a court with respect to which a notice is filed under paragraph (1), to such entity later than 30 days after the filing of such notice under paragraph (1) shall be provided to such address unless with respect to a particular case a different address is specified in a notice filed and served in accordance with subsection (e).
|
||||
|
||||
(3) A notice filed under paragraph (1) may be withdrawn by such entity.
|
||||
|
||||
(g) (1) Notice provided to a creditor by the debtor or the court other than in accordance with this section (excluding this subsection) shall not be effective notice until such notice is brought to the attention of such creditor. If such creditor designates a person or an organizational subdivision of such creditor to be responsible for receiving notices under this title and establishes reasonable procedures so that such notices receivable by such creditor are to be delivered to such person or such subdivision, then a notice provided to such creditor other than in accordance with this section (excluding this subsection) shall not be considered to have been brought to the attention of such creditor until such notice is received by such person or such subdivision.
|
||||
|
||||
(2) A monetary penalty may not be imposed on a creditor for a violation of a stay in effect under section 362(a) (including a monetary penalty imposed under section 362(k)) or for failure to comply with section 542 or 543 unless the conduct that is the basis of such violation or of such failure occurs after such creditor receives notice effective under this section of the order for relief.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98–353, title III, §§ 302, 435, July 10, 1984, 98 Stat. 352, 370; Pub. L. 103–394, title II, § 225, Oct. 22, 1994, 108 Stat. 4131; Pub. L. 109–8, title I, §§ 102(d), 104, title II, § 234(b), title III, § 315(a), Apr. 20, 2005, 119 Stat. 33, 35, 75, 88; Pub. L. 111–16, § 2(4), May 7, 2009, 123 Stat. 1607.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 342(b) and (c) of the Senate amendment are adopted in principle but moved to section 549(c), in lieu of section 342(b) of H.R. 8200 as passed by the House. Section 342(c) of H.R. 8200 as passed by the House is deleted as a matter to be left to the Rules of Bankruptcy Procedure.
|
||||
|
||||
senate report no. 95–989Subsection (a) of section 342 requires the clerk of the bankruptcy court to give notice of the order for relief. The rules will prescribe to whom the notice should be sent and in what manner notice will be given. The rules already prescribe such things, and they will continue to govern unless changed as provided in section 404(a) of the bill. Due process will certainly require notice to all creditors and equity security holders. State and Federal governmental representatives responsible for collecting taxes will also receive notice. In cases where the debtor is subject to regulation, the regulatory agency with jurisdiction will receive notice. In order to insure maximum notice to all parties in interest, the Rules will include notice by publication in appropriate cases and for appropriate issues. Other notices will be given as appropriate. Subsections (b) and (c) [enacted as section 549(c)] are derived from section 21g of the Bankruptcy Act [section 44(g) of former title 11]. They specify that the trustee may file notice of the commencement of the case in land recording offices in order to give notice of the pendency of the case to potential transferees of the debtor’s real property. Such filing is unnecessary in the county in which the bankruptcy case is commenced. If notice is properly filed, a subsequent purchaser of the property will not be a bona fide purchaser. Otherwise, a purchaser, including a purchaser at a judicial sale, that has no knowledge of the case, is not prevented from obtaining the status of a bona fide purchaser by the mere commencement of the case. “County” is defined in title 1 of the United States Code to include other political subdivisions where counties are not used.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2009—Subsec. (e)(2). Pub. L. 111–16 substituted “7 days” for “5 days”. 2005—Subsec. (b). Pub. L. 109–8, § 104, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Prior to the commencement of a case under this title by an individual whose debts are primarily consumer debts, the clerk shall give written notice to such individual that indicates each chapter of this title under which such individual may proceed.” Subsec. (c). Pub. L. 109–8, § 315(a)(1) designated existing provisions as par. (1), struck out “, but the failure of such notice to contain such information shall not invalidate the legal effect of such notice” after “number of the debtor”, and added par. (2). Pub. L. 109–8, § 234(b), inserted “last 4 digits of the” before “taxpayer identification number” and “If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor shall include the full taxpayer identification number in the notice sent to that creditor, but the debtor shall include only the last 4 digits of the taxpayer identification number in the copy of the notice filed with the court.” at end. Subsec. (d). Pub. L. 109–8, § 102(d), added subsec. (d). Subsecs. (e) to (g). Pub. L. 109–8, § 315(a)(2), added subsecs. (e) to (g). 1994—Subsec. (c). Pub. L. 103–394 added subsec. (c). 1984—Subsec. (a). Pub. L. 98–353, § 435, amended subsec. (a) generally, inserting requirement respecting notice to any holder of a community claim. Pub. L. 98–353, § 302(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 98–353, § 302(2), added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 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 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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|
||||
section: "343"
|
||||
citation: "11 U.S.C. § 343"
|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 343 - Examination of the debtor
|
||||
|
||||
## Text
|
||||
|
||||
The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer the oath required under this section.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 98–353, title III, § 436, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, § 213, Oct. 27, 1986, 100 Stat. 3099.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989This section, derived from section 21a of the Bankruptcy Act [section 44(a) of former title 11], requires the debtor to appear at the meeting of creditors and submit to examination under oath. The purpose of the examination is to enable creditors and the trustee to determine if assets have improperly been disposed of or concealed or if there are grounds for objection to discharge. The scope of the examination under this section will be governed by the Rules of Bankruptcy Procedure, as it is today. See rules 205(d), 10–213(c), and 11–26. It is expected that the scope prescribed by these rules for liquidation cases, that is, “only the debtor’s acts, conduct, or property, or any matter that may affect the administration of the estate, or the debtor’s right to discharge” will remain substantially unchanged. In reorganization cases, the examination would be broader, including inquiry into the liabilities and financial condition of the debtor, the operation of his business, and the desirability of the continuance thereof, and other matters relevant to the case and to the formulation of the plan. Examination of other persons in connection with the bankruptcy case is left completely to the rules, just as examination of witnesses in civil cases is governed by the Federal Rules of Civil Procedure.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Pub. L. 99–554 amended section generally. Prior to amendment, section read as follows: “The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, or any trustee or examiner in the case may examine the debtor.” 1984—Pub. L. 98–353 substituted “examine” for “examiner”.
|
||||
|
||||
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.
|
||||
|
||||
Participation by Bankruptcy Administrator at Meetings of Creditors and Equity Security HoldersA bankruptcy administrator or the bankruptcy administrator’s designee may examine debtor at meeting of creditors and may administer oath required by this section, see section 105 of Pub. L. 103–394, set out as a note under section 341 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
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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. § 344 - Self-incrimination; immunity
|
||||
|
||||
## Text
|
||||
|
||||
Immunity for persons required to submit to examination, to testify, or to provide information in a case under this title may be granted under part V of title 18.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Part V [§ 6001 et seq.] of title 18 of the United States Code governs the granting of immunity to witnesses before Federal tribunals. The immunity provided under part V is only use immunity, not transactional immunity. Part V applies to all proceedings before Federal courts, before Federal grand juries, before administrative agencies, and before Congressional committees. It requires the Attorney General or the U. S. attorney to request or to approve any grant of immunity, whether before a court, grand jury, agency, or congressional committee. This section carries part V over into bankruptcy cases. Thus, for a witness to be ordered to testify before a bankruptcy court in spite of a claim of privilege, the U. S. attorney for the district in which the court sits would have to request from the district court for that district the immunity order. The rule would apply to both debtors, creditors, and any other witnesses in a bankruptcy case. If the immunity were granted, the witness would be required to testify. If not, he could claim the privilege against self-incrimination. Part V is a significant departure from current law. Under section 7a(10) of the Bankruptcy Act [section 25(a)(10) of former title 11], a debtor is required to testify in all circumstances, but any testimony he gives may not be used against him in any criminal proceeding, except testimony given in any hearing on objections to discharge. With that exception, section 7a(10) amounts to a blanket grant of use immunity to all debtors. Immunity for other witnesses in bankruptcy courts today is governed by part V of title 18. The consequences of a claim of privileges by a debtor under proposed law and under current law differ as well. Under section 14c(6) of current law [section 32(c)(6) of former title 11], any refusal to answer a material question approved by the court will result in the denial of a discharge, even if the refusal is based on the privilege against self incrimination. Thus, the debtor is confronted with the choice between losing his discharge and opening himself up to possible criminal prosecution. Under section 727(a)(6) of the proposed title 11, a debtor is only denied a discharge if he refuses to testify after having been granted immunity. If the debtor claims the privilege and the U. S. attorney does not request immunity from the district courts, then the debtor may refuse to testify and still retain his right to a discharge. It removes the Scylla and Charibdis choice for debtors that exists under the Bankruptcy Act [former title 11].
|
||||
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|
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||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 11 U.S.C. § 345 - Money of estates
|
||||
|
||||
## Text
|
||||
|
||||
(a) A trustee in a case under this title may make such deposit or investment of the money of the estate for which such trustee serves as will yield the maximum reasonable net return on such money, taking into account the safety of such deposit or investment.
|
||||
|
||||
(b) Except with respect to a deposit or investment that is insured or guaranteed by the United States or by a department, agency, or instrumentality of the United States or backed by the full faith and credit of the United States, the trustee shall require from an entity with which such money is deposited or invested—
|
||||
|
||||
(1) a bond—
|
||||
|
||||
(A) in favor of the United States;
|
||||
|
||||
(B) secured by the undertaking of a corporate surety approved by the United States trustee for the district in which the case is pending; and
|
||||
|
||||
(C) conditioned on—
|
||||
|
||||
(i) a proper accounting for all money so deposited or invested and for any return on such money;
|
||||
|
||||
(ii) prompt repayment of such money and return; and
|
||||
|
||||
(iii) faithful performance of duties as a depository; or
|
||||
|
||||
(2) the deposit of securities of the kind specified in section 9303 of title 31;
|
||||
|
||||
unless the court for cause orders otherwise.
|
||||
|
||||
(c) An entity with which such moneys are deposited or invested is authorized to deposit or invest such moneys as may be required under this section.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2565; Pub. L. 97–258, § 3(c), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 98–353, title III, § 437, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, § 214, Oct. 27, 1986, 100 Stat. 3099; Pub. L. 103–394, title II, § 210, Oct. 22, 1994, 108 Stat. 4125.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsThe House amendment moves section 345(c) of the House bill to chapter 15 as part of the pilot program for the U.S. trustees. The bond required by section 345(b) may be a blanket bond posted by the financial depository sufficient to cover deposits by trustees in several cases, as is done under current law.
|
||||
|
||||
senate report no. 95–989This section is a significant departure from section 61 of the Bankruptcy Act [section 101 of former title 11]. It permits a trustee in a bankruptcy case to make such deposit of investment of the money of the estate for which he serves as will yield the maximum reasonable net return on the money, taking into account the safety of such deposit or investment. Under current law, the trustee is permitted to deposit money only with banking institutions. Thus, the trustee is generally unable to secure a high rate of return on money of estates pending distribution, to the detriment of creditors. Under this section, the trustee may make deposits in savings and loans, may purchase government bonds, or make such other deposit or investment as is appropriate. Under proposed 11 U.S.C. 541(a)(6), and except as provided in subsection (c) of this section, any interest or gain realized on the deposit or investment of funds under this section will become property of the estate, and will thus enhance the recovery of creditors. In order to protect the creditors, subsection (b) requires certain precautions against loss of the money so deposited or invested. The trustee must require from a person with which he deposits or invests money of an estate a bond in favor of the United States secured by approved corporate surety and conditioned on a proper accounting for all money deposited or invested and for any return on such money. Alternately, the trustee may require the deposit of securities of the kind specified in section 15 of title 6 of the United States Code [31 U.S.C. 9303], which governs the posting of security by banks that receive public moneys on deposit. These bonding requirements do not apply to deposits or investments that are insured or guaranteed the United States or a department, agency, or instrumentality of the United States, or that are backed by the full faith and credit of the United States. These provisions do not address the question of aggregation of funds by a private chapter 13 trustee and are not to be construed as excluding such possibility. The Rules of Bankruptcy Procedure may provide for aggregation under appropriate circumstances and adequate safeguards in cases where there is a significant need, such as in districts in which there is a standing chapter 13 trustee. In such case, the interest or return on the funds would help defray the cost of administering the cases in which the standing trustee serves.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Subsec. (b). Pub. L. 103–394 substituted semicolon for period at end of par. (2) and inserted concluding provisions after par. (2). 1986—Subsec. (b). Pub. L. 99–554 amended subsec. (b) generally, substituting “approved by the United States trustee for the district” for “approved by the court for the district” in par. (1)(B). 1984—Subsec. (c). Pub. L. 98–353 added subsec. (c). 1982—Subsec. (b)(2). Pub. L. 97–258 substituted “section 9303 of title 31” for “section 15 of title 6”.
|
||||
|
||||
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.
|
||||
|
||||
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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|
||||
|
||||
# 11 U.S.C. § 347 - Unclaimed property
|
||||
|
||||
## Text
|
||||
|
||||
(a) Ninety days after the final distribution under section 726, 1194, 1226, or 1326 of this title in a case under chapter 7, subchapter V of chapter 11, 12, or 13 11 So in original. See 2019 Amendment note below. of this title, as the case may be, the trustee shall stop payment on any check remaining unpaid, and any remaining property of the estate shall be paid into the court and disposed of under chapter 129 of title 28.
|
||||
|
||||
(b) Any security, money, or other property remaining unclaimed at the expiration of the time allowed in a case under chapter 9, 11, or 12 of this title for the presentation of a security or the performance of any other act as a condition to participation in the distribution under any plan confirmed under section 943(b), 1129, 1173, 1191, or 1225 of this title, as the case may be, becomes the property of the debtor or of the entity acquiring the assets of the debtor under the plan, as the case may be.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568; Pub. L. 99–554, title II, § 257(h), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 116–54, § 4(a)(5), Aug. 23, 2019, 133 Stat. 1086; Pub. L. 116–136, div. A, title I, § 1113(a)(4)(B), Mar. 27, 2020, 134 Stat. 311.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 347(a) of the House amendment adopts a comparable provision contained in the Senate amendment instructing the trustee to stop payment on any check remaining unpaid more than 90 days after the final distribution in a case under Chapter 7 or 13. Technical changes are made in section 347(b) to cover distributions in a railroad reorganization.
|
||||
|
||||
senate report no. 95–989Section 347 is derived from Bankruptcy Act § 66 [section 106 of former title 11]. Subsection (a) requires the trustee to stop payment on any distribution check that is unpaid 90 days after the final distribution in a case under chapter 7 or 13. The unclaimed funds, and any other property of the estate are paid into the court and disposed of under chapter 129 [§ 2041 et seq.] of title 28, which requires the clerk of court to hold the funds for their owner for 5 years, after which they escheat to the Treasury. Subsection (b) specifies that any property remaining unclaimed at the expiration of the time allowed in a chapter 9 or 11 case for presentation (exchange) of securities or the performance of any other act as a condition to participation in the plan reverts to the debtor or the entity acquiring the assets of the debtor under the plan. Conditions to participation under a plan include such acts as cashing a check, surrendering securities for cancellation, and so on. Similar provisions are found in sections 96(d) and 205 of current law [sections 416(d) and 605 of former title 11].
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2020—Subsec. (b). Pub. L. 116–136 substituted “1191” for “1194”. 2019—Subsec. (a). Pub. L. 116–54, § 4(a)(5)(A), inserted “1194,” after “726,” and “subchapter V of chapter 11,” after “chapter 7,”. Subsec. (b). Pub. L. 116–54, § 4(a)(5)(B), inserted “1194,” after “1173,”. 1986—Subsec. (a). Pub. L. 99–554, § 257(h)(1), inserted references to section 1226 and chapter 12 of this title. Subsec. (b). Pub. L. 99–554, § 257(h)(2), inserted references to chapter 12 and section 1225 of this title.
|
||||
|
||||
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 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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---
|
||||
|
||||
# 11 U.S.C. § 348 - Effect of conversion
|
||||
|
||||
## Text
|
||||
|
||||
(a) Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted, but, except as provided in subsections (b) and (c) of this section, does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief.
|
||||
|
||||
(b) Unless the court for cause orders otherwise, in sections 701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a) of this title, “the order for relief under this chapter” in a chapter to which a case has been converted under section 706, 1112, 1208, or 1307 of this title means the conversion of such case to such chapter.
|
||||
|
||||
(c) Sections 342 and 365(d) of this title apply in a case that has been converted under section 706, 1112, 1208, or 1307 of this title, as if the conversion order were the order for relief.
|
||||
|
||||
(d) A claim against the estate or the debtor that arises after the order for relief but before conversion in a case that is converted under section 1112, 1208, or 1307 of this title, other than a claim specified in section 503(b) of this title, shall be treated for all purposes as if such claim had arisen immediately before the date of the filing of the petition.
|
||||
|
||||
(e) Conversion of a case under section 706, 1112, 1208, or 1307 of this title terminates the service of any trustee or examiner that is serving in the case before such conversion.
|
||||
|
||||
(f) (1) Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this title—
|
||||
|
||||
(A) property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion;
|
||||
|
||||
(B) valuations of property and of allowed secured claims in the chapter 13 case shall apply only in a case converted to a case under chapter 11 or 12, but not in a case converted to a case under chapter 7, with allowed secured claims in cases under chapters 11 and 12 reduced to the extent that they have been paid in accordance with the chapter 13 plan; and
|
||||
|
||||
(C) with respect to cases converted from chapter 13—
|
||||
|
||||
(i) the claim of any creditor holding security as of the date of the filing of the petition shall continue to be secured by that security unless the full amount of such claim determined under applicable nonbankruptcy law has been paid in full as of the date of conversion, notwithstanding any valuation or determination of the amount of an allowed secured claim made for the purposes of the case under chapter 13; and
|
||||
|
||||
(ii) unless a prebankruptcy default has been fully cured under the plan at the time of conversion, in any proceeding under this title or otherwise, the default shall have the effect given under applicable nonbankruptcy law.
|
||||
|
||||
(2) If the debtor converts a case under chapter 13 of this title to a case under another chapter under this title in bad faith, the property of the estate in the converted case shall consist of the property of the estate as of the date of conversion.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568; Pub. L. 99–554, title II, § 257(i), Oct. 27, 1986, 100 Stat. 3115; Pub. L. 103–394, title III, § 311, title V, § 501(d)(5), Oct. 22, 1994, 108 Stat. 4138, 4144; Pub. L. 109–8, title III, § 309(a), title XII, § 1207, Apr. 20, 2005, 119 Stat. 82, 194; Pub. L. 111–327, § 2(a)(11), Dec. 22, 2010, 124 Stat. 3558.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsThe House amendment adopts section 348(b) of the Senate amendment with slight modifications, as more accurately reflecting sections to which this particular effect of conversion should apply. Section 348(e) of the House amendment is a stylistic revision of similar provisions contained in H.R. 8200 as passed by the House and in the Senate amendment. Termination of services is expanded to cover any examiner serving in the case before conversion, as done in H.R. 8200 as passed by the House.
|
||||
|
||||
senate report no. 95–989This section governs the effect of the conversion of a case from one chapter of the bankruptcy code to another chapter. Subsection (a) specifies that the date of the filing of the petition, the commencement of the case, or the order for relief are unaffected by conversion, with some exceptions specified in subsections (b) and (c). Subsection (b) lists certain sections in the operative chapters of the bankruptcy code in which there is a reference to “the order for relief under this chapter.” In those sections, the reference is to be read as a reference to the conversion order if the case has been converted into the particular chapter. Subsection (c) specifies that notice is to be given of the conversion order the same as notice was given of the order for relief, and that the time the trustee (or debtor in possession) has for assuming or rejecting executory contracts recommences, thus giving an opportunity for a newly appointed trustee to familiarize himself with the case. Subsection (d) provides for special treatment of claims that arise during chapter 11 or 13 cases before the case is converted to a liquidation case. With the exception of claims specified in proposed 11 U.S.C. 503(b) (administrative expenses), preconversion claims are treated the same as prepetition claims. Subsection (e) provides that conversion of a case terminates the service of any trustee serving in the case prior to conversion.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2010—Subsec. (b). Pub. L. 111–327, § 2(a)(11)(A), struck out “728(a), 728(b),” after “727(b),” and “1146(a), 1146(b),” after “1141(d)(4),”. Subsec. (f)(1)(C)(i). Pub. L. 111–327, § 2(a)(11)(B), which directed insertion of “of the filing” after “date”, was executed by making the insertion after “date” the first time appearing to reflect the probable intent of Congress. 2005—Subsec. (f)(1)(B). Pub. L. 109–8, § 309(a)(2)(A), substituted “only in a case converted to a case under chapter 11 or 12, but not in a case converted to a case under chapter 7, with allowed secured claims in cases under chapters 11 and 12” for “in the converted case, with allowed secured claims”. Subsec. (f)(1)(C). Pub. L. 109–8, § 309(a)(1), (2)(B), (3), added subpar. (C). Subsec. (f)(2). Pub. L. 109–8, § 1207, inserted “of the estate” after “bad faith, the property”. 1994—Subsec. (b). Pub. L. 103–394, § 501(d)(5), substituted “1201(a), 1221, 1228(a), 1301(a), and 1305(a)” for “1301(a), 1305(a), 1201(a), 1221, and 1228(a)” and “1208, or 1307” for “1307, or 1208”. Subsecs. (c) to (e). Pub. L. 103–394, § 501(d)(5)(B), substituted “1208, or 1307” for “1307, or 1208”. Subsec. (f). Pub. L. 103–394, § 311, added subsec. (f). 1986—Subsec. (b). Pub. L. 99–554, § 257(i)(1), substituted references to sections 1201(a), 1221, and 1228(a) of this title for reference to section 1328(a) of this title, and inserted reference to section 1208 of this title. Subsecs. (c) to (e). Pub. L. 99–554, § 257(i)(2), (3), inserted reference to section 1208 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 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.
|
||||
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---
|
||||
|
||||
# 11 U.S.C. § 349 - Effect of dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(a) Unless the court, for cause, orders otherwise, the dismissal of a case under this title does not bar the discharge, in a later case under this title, of debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109(g) of this title.
|
||||
|
||||
(b) Unless the court, for cause, orders otherwise, a dismissal of a case other than under section 742 of this title—
|
||||
|
||||
(1) reinstates—
|
||||
|
||||
(A) any proceeding or custodianship superseded under section 543 of this title;
|
||||
|
||||
(B) any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or preserved under section 510(c)(2), 522(i)(2), or 551 of this title; and
|
||||
|
||||
(C) any lien voided under section 506(d) of this title;
|
||||
|
||||
(2) vacates any order, judgment, or transfer ordered, under section 522(i)(1), 542, 550, or 553 of this title; and
|
||||
|
||||
(3) revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case under this title.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98–353, title III, § 303, July 10, 1984, 98 Stat. 352; Pub. L. 103–394, title V, § 501(d)(6), Oct. 22, 1994, 108 Stat. 4144.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 349(b)(2) of the House amendment adds a cross reference to section 553 to reflect the new right of recovery of setoffs created under that section. Corresponding changes are made throughout the House amendment.
|
||||
|
||||
senate report no. 95–989Subsection (a) specifies that unless the court for cause orders otherwise, the dismissal of a case is without prejudice. The debtor is not barred from receiving a discharge in a later case of debts that were dischargeable in the case dismissed. Of course, this subsection refers only to pre-discharge dismissals. If the debtor has already received a discharge and it is not revoked, then the debtor would be barred under section 727(a) from receiving a discharge in a subsequent liquidation case for six years. Dismissal of an involuntary on the merits will generally not give rise to adequate cause so as to bar the debtor from further relief. Subsection (b) specifies that the dismissal reinstates proceedings or custodianships that were superseded by the bankruptcy case, reinstates avoided transfers, reinstates voided liens, vacates any order, judgment, or transfer ordered as a result of the avoidance of a transfer, and revests the property of the estate in the entity in which the property was vested at the commencement of the case. The court is permitted to order a different result for cause. The basic purpose of the subsection is to undo the bankruptcy case, as far as practicable, and to restore all property rights to the position in which they were found at the commencement of the case. This does not necessarily encompass undoing sales of property from the estate to a good faith purchaser. Where there is a question over the scope of the subsection, the court will make the appropriate orders to protect rights acquired in reliance on the bankruptcy case.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Subsec. (a). Pub. L. 103–394 substituted “109(g)” for “109(f)”. 1984—Subsec. (a). Pub. L. 98–353 inserted “; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109(f) of this title”.
|
||||
|
||||
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.
|
||||
|
||||
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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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip"
|
||||
source_identifier: "/us/usc/t11/s350"
|
||||
source_file: "data/legal/raw/us/code/title-11/usc11.xml"
|
||||
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|
||||
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|
||||
text_hash: "a8634e89934c91e4c67845f72bc86a61f455f82d50da1b1e717f239b630401b3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 11 U.S.C. § 350 - Closing and reopening cases
|
||||
|
||||
## Text
|
||||
|
||||
(a) After an estate is fully administered and the court has discharged the trustee, the court shall close the case.
|
||||
|
||||
(b) A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98–353, title III, § 439, July 10, 1984, 98 Stat. 370.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
senate report no. 95–989Subsection (a) requires the court to close a bankruptcy case after the estate is fully administered and the trustee discharged. The Rules of Bankruptcy Procedure will provide the procedure for case closing. Subsection (b) permits reopening of the case to administer assets, to accord relief to the debtor, or for other cause. Though the court may permit reopening of a case so that the trustee may exercise an avoiding power, laches may constitute a bar to an action that has been delayed too long. The case may be reopened in the court in which it was closed. The rules will prescribe the procedure by which a case is reopened and how it will be conducted after reopening.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1984—Subsec. (b). Pub. L. 98–353 substituted “A” for “a”.
|
||||
|
||||
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 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 351"
|
||||
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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: "351"
|
||||
citation: "11 U.S.C. § 351"
|
||||
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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. § 351 - Disposal of patient records
|
||||
|
||||
## Text
|
||||
|
||||
If a health care business commences a case under chapter 7, 9, or 11, and the trustee does not have a sufficient amount of funds to pay for the storage of patient records in the manner required under applicable Federal or State law, the following requirements shall apply:
|
||||
|
||||
(1) The trustee shall—
|
||||
|
||||
(A) promptly publish notice, in 1 or more appropriate newspapers, that if patient records are not claimed by the patient or an insurance provider (if applicable law permits the insurance provider to make that claim) by the date that is 365 days after the date of that notification, the trustee will destroy the patient records; and
|
||||
|
||||
(B) during the first 180 days of the 365-day period described in subparagraph (A), promptly attempt to notify directly each patient that is the subject of the patient records and appropriate insurance carrier concerning the patient records by mailing to the most recent known address of that patient, or a family member or contact person for that patient, and to the appropriate insurance carrier an appropriate notice regarding the claiming or disposing of patient records.
|
||||
|
||||
(2) If, after providing the notification under paragraph (1), patient records are not claimed during the 365-day period described under that paragraph, the trustee shall mail, by certified mail, at the end of such 365-day period a written request to each appropriate Federal agency to request permission from that agency to deposit the patient records with that agency, except that no Federal agency is required to accept patient records under this paragraph.
|
||||
|
||||
(3) If, following the 365-day period described in paragraph (2) and after providing the notification under paragraph (1), patient records are not claimed by a patient or insurance provider, or request is not granted by a Federal agency to deposit such records with that agency, the trustee shall destroy those records by—
|
||||
|
||||
(A) if the records are written, shredding or burning the records; or
|
||||
|
||||
(B) if the records are magnetic, optical, or other electronic records, by otherwise destroying those records so that those records cannot be retrieved.
|
||||
|
||||
(Added Pub. L. 109–8, title XI, § 1102(a), Apr. 20, 2005, 119 Stat. 189.)
|
||||
|
||||
## 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.
|
||||
File diff suppressed because one or more lines are too long
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@@ -0,0 +1,81 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "11 U.S.C. § 364"
|
||||
description: "Obtaining credit"
|
||||
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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. § 364 - Obtaining credit
|
||||
|
||||
## Text
|
||||
|
||||
(a) If the trustee is authorized to operate the business of the debtor under section 721, 1108, 1183, 1184, 1203, 1204, or 1304 of this title, unless the court orders otherwise, the trustee may obtain unsecured credit and incur unsecured debt in the ordinary course of business allowable under section 503(b)(1) of this title as an administrative expense.
|
||||
|
||||
(b) The court, after notice and a hearing, may authorize the trustee to obtain unsecured credit or to incur unsecured debt other than under subsection (a) of this section, allowable under section 503(b)(1) of this title as an administrative expense.
|
||||
|
||||
(c) If the trustee is unable to obtain unsecured credit allowable under section 503(b)(1) of this title as an administrative expense, the court, after notice and a hearing, may authorize the obtaining of credit or the incurring of debt—
|
||||
|
||||
(1) with priority over any or all administrative expenses of the kind specified in section 503(b) or 507(b) of this title;
|
||||
|
||||
(2) secured by a lien on property of the estate that is not otherwise subject to a lien; or
|
||||
|
||||
(3) secured by a junior lien on property of the estate that is subject to a lien.
|
||||
|
||||
(d) (1) The court, after notice and a hearing, may authorize the obtaining of credit or the incurring of debt secured by a senior or equal lien on property of the estate that is subject to a lien only if—
|
||||
|
||||
(A) the trustee is unable to obtain such credit otherwise; and
|
||||
|
||||
(B) there is adequate protection of the interest of the holder of the lien on the property of the estate on which such senior or equal lien is proposed to be granted.
|
||||
|
||||
(2) In any hearing under this subsection, the trustee has the burden of proof on the issue of adequate protection.
|
||||
|
||||
(e) The reversal or modification on appeal of an authorization under this section to obtain credit or incur debt, or of a grant under this section of a priority or a lien, does not affect the validity of any debt so incurred, or any priority or lien so granted, to an entity that extended such credit in good faith, whether or not such entity knew of the pendency of the appeal, unless such authorization and the incurring of such debt, or the granting of such priority or lien, were stayed pending appeal.
|
||||
|
||||
(f) Except with respect to an entity that is an underwriter as defined in section 1145(b) of this title, section 5 of the Securities Act of 1933, the Trust Indenture Act of 1939, and any State or local law requiring registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in, a security does not apply to the offer or sale under this section of a security that is not an equity security.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2574; Pub. L. 99–554, title II, § 257(l), Oct. 27, 1986, 100 Stat. 3115; Pub. L. 103–394, title V, § 501(d)(9), Oct. 22, 1994, 108 Stat. 4144; Pub. L. 116–54, § 4(a)(7), Aug. 23, 2019, 133 Stat. 1086; Pub. L. 116–260, div. N, title III, § 320(a), (f)(2)(A)(i), Dec. 27, 2020, 134 Stat. 2015, 2016.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 364(f) of the House amendment is new. This provision continues the exemption found in section 3(a)(7) of the Securities Act of 1933 [15 U.S.C. 77c(a)(7)] for certificates of indebtedness issued by a trustee in bankruptcy. The exemption applies to any debt security issued under section 364 of title 11. The section does not intend to change present law which exempts such securities from the Trust Indenture Act, 15 U.S.C. 77aaa, et seq. (1976).
|
||||
|
||||
senate report no. 95–989This section is derived from provisions in current law governing certificates of indebtedness, but is much broader. It governs all obtaining of credit and incurring of debt by the estate. Subsection (a) authorizes the obtaining of unsecured credit and the incurring of unsecured debt in the ordinary course of business if the business of the debtor is authorized to be operated under section 721, 1108, or 1304. The debts so incurred are allowable as administrative expenses under section 503(b)(1). The court may limit the estate’s ability to incur debt under this subsection. Subsection (b) permits the court to authorize the trustee to obtain unsecured credit and incur unsecured debts other than in the ordinary course of business, such as in order to wind up a liquidation case, or to obtain a substantial loan in an operating case. Debt incurred under this subsection is allowable as an administrative expense under section 503(b)(1). Subsection (c) is closer to the concept of certificates of indebtedness in current law. It authorizes the obtaining of credit and the incurring of debt with some special priority, if the trustee is unable to obtain unsecured credit under subsection (a) or (b). The various priorities are (1) with priority over any or all administrative expenses: (2) secured by a lien on unencumbered property of the estate; or (3) secured by a junior lien on encumbered property. The priorities granted under this subsection do not interfere with existing property rights. Subsection (d) grants the court the authority to authorize the obtaining of credit and the incurring of debt with a superiority, that is a lien on encumbered property that is senior or equal to the existing lien on the property. The court may authorize such a superpriority only if the trustee is otherwise unable to obtain credit, and if there is adequate protection of the original lien holder’s interest. Again, the trustee has the burden of proof on the issue of adequate protection. Subsection (e) provides the same protection for credit extenders pending an appeal of an authorization to incur debt as is provided under section 363(l) for purchasers: the credit is not affected on appeal by reversal of the authorization and the incurring of the debt were stayed pending appeal. The protection runs to a good faith lender, whether or not he knew of the pendency of the appeal. A claim arising as a result of lending or borrowing under this section will be a priority claim, as defined in proposed section 507(a)(1), even if the claim is granted a super-priority over administrative expenses and is to be paid in advance of other first priority claims.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 5 of the Securities Act of 1933, referred to in subsec. (f), is classified to section 77e of Title 15, Commerce and Trade. The Trust Indenture Act of 1939, referred to in subsec. (f), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, which is classified generally to subchapter III (§ 77aaa et seq.) of chapter 2A of Title 15. For complete classification of this Act to the Code, see section 77aaa of Title 15 and Tables.
|
||||
|
||||
Amendments2020—Subsec. (g). Pub. L. 116–260, § 320(f)(2)(A)(i), contingent on its addition by Pub. L. 116–260, § 320(a), struck out subsec. (g) which read as follows: “(g)(1) The court, after notice and a hearing, may authorize a debtor in possession or a trustee that is authorized to operate the business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of this title to obtain a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), and such loan shall be treated as a debt to the extent the loan is not forgiven in accordance with section 7A of the Small Business Act or subparagraph (J) of such paragraph (37), as applicable, with priority equal to a claim of the kind specified in subsection (c)(1) of this section. “(2) The trustee may incur debt described in paragraph (1) notwithstanding any provision in a contract, prior order authorizing the trustee to incur debt under this section, prior order authorizing the trustee to use cash collateral under section 363, or applicable law that prohibits the debtor from incurring additional debt. “(3) The court shall hold a hearing within 7 days after the filing and service of the motion to obtain a loan described in paragraph (1). Notwithstanding the Federal Rules of Bankruptcy Procedure, at such hearing, the court may grant relief on a final basis.” Pub. L. 116–260, § 320(a), added subsec. (g). 2019—Subsec. (a). Pub. L. 116–54 inserted “1183, 1184,” after “1108,”. 1994—Subsec. (a). Pub. L. 103–394, § 501(d)(9)(A), substituted “1203, 1204, or 1304” for “1304, 1203, or 1204”. Subsec. (f). Pub. L. 103–394, § 501(d)(9)(B), struck out “(15 U.S.C. 77e)” after “Act of 1933” and “(15 U.S.C. 77aaa et seq.)” after “Act of 1939”. 1986—Subsec. (a). Pub. L. 99–554 inserted reference to sections 1203 and 1204 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective and Termination Dates of 2020 AmendmentPub. L. 116–260, div. N, title III, § 320(f), Dec. 27, 2020, 134 Stat. 2016, provided that: “(1) Effective date.—The amendments made by subsections (a) through (e) [amending this section and sections 503, 1191, 1225, and 1325 of this title] shall—“(A) take effect 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 that, subject to satisfying any other eligibility requirements, any debtor in possession or trustee that is authorized to operate the business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of title 11, United States Code, would be eligible for a loan under paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)); and “(B) apply to any case pending on or commenced on or after the date described in subparagraph (A). “(2) Sunset.—“(A) In general.—If the amendments made by subsections (a) through (e) take effect under paragraph (1), effective on the date that is 2 years after the date of enactment of this Act [Dec. 27, 2020]—“(i) section 364 of title 11, United States Code, is amended by striking subsection (g); “(ii) section 503(b) of title 11, United States Code, is amended—“(I) in paragraph (8)(B), by adding ‘and’ at the end; “(II) in paragraph (9), by striking ‘; and’ at the end and inserting a period; and “(III) by striking paragraph (10); “(iii) section 1191 of title 11, United States Code, is amended by striking subsection (f); “(iv) section 1225 of title 11, United States Code, is amended by striking subsection (d); and “(v) section 1325 of title 11, United States Code, is amended by striking subsection (d). “(B) Applicability.—Notwithstanding the amendments made by subparagraph (A) of this paragraph, if the amendments made by subsections (a) through (e) take effect under paragraph (1) of this subsection, such amendments shall apply to any case under title 11, United States Code, commenced before the date that is 2 years after the date of enactment of this Act [Dec. 27, 2020].” [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 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 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.
|
||||
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@@ -0,0 +1,87 @@
|
||||
---
|
||||
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|
||||
title: "11 U.S.C. § 366"
|
||||
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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: "366"
|
||||
citation: "11 U.S.C. § 366"
|
||||
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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. § 366 - Utility service
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b) and (c) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the trustee or the debtor solely on the basis of the commencement of a case under this title or that a debt owed by the debtor to such utility for service rendered before the order for relief was not paid when due.
|
||||
|
||||
(b) Such utility may alter, refuse, or discontinue service if neither the trustee nor the debtor, within 20 days after the date of the order for relief, furnishes adequate assurance of payment, in the form of a deposit or other security, for service after such date. On request of a party in interest and after notice and a hearing, the court may order reasonable modification of the amount of the deposit or other security necessary to provide adequate assurance of payment.
|
||||
|
||||
(c) (1) (A) For purposes of this subsection, the term “assurance of payment” means—
|
||||
|
||||
(i) a cash deposit;
|
||||
|
||||
(ii) a letter of credit;
|
||||
|
||||
(iii) a certificate of deposit;
|
||||
|
||||
(iv) a surety bond;
|
||||
|
||||
(v) a prepayment of utility consumption; or
|
||||
|
||||
(vi) another form of security that is mutually agreed on between the utility and the debtor or the trustee.
|
||||
|
||||
(B) For purposes of this subsection an administrative expense priority shall not constitute an assurance of payment.
|
||||
|
||||
(2) Subject to paragraphs (3) and (4), with respect to a case filed under chapter 11, a utility referred to in subsection (a) may alter, refuse, or discontinue utility service, if during the 30-day period beginning on the date of the filing of the petition, the utility does not receive from the debtor or the trustee adequate assurance of payment for utility service that is satisfactory to the utility.
|
||||
|
||||
(3) (A) On request of a party in interest and after notice and a hearing, the court may order modification of the amount of an assurance of payment under paragraph (2).
|
||||
|
||||
(B) In making a determination under this paragraph whether an assurance of payment is adequate, the court may not consider—
|
||||
|
||||
(i) the absence of security before the date of the filing of the petition;
|
||||
|
||||
(ii) the payment by the debtor of charges for utility service in a timely manner before the date of the filing of the petition; or
|
||||
|
||||
(iii) the availability of an administrative expense priority.
|
||||
|
||||
(4) Notwithstanding any other provision of law, with respect to a case subject to this subsection, a utility may recover or set off against a security deposit provided to the utility by the debtor before the date of the filing of the petition without notice or order of the court.
|
||||
|
||||
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2578; Pub. L. 98–353, title III, § 443, July 10, 1984, 98 Stat. 373; Pub. L. 109–8, title IV, § 417, Apr. 20, 2005, 119 Stat. 108; Pub. L. 116–260, div. FF, title X, § 1001(h), Dec. 27, 2020, 134 Stat. 3221.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes
|
||||
|
||||
legislative statementsSection 366 of the House amendment represents a compromise between comparable provisions contained in H.R. 8200 as passed by the House and the Senate amendment. Subsection (a) is modified so that the applicable date is the date of the order for relief rather than the date of the filing of the petition. Subsection (b) contains a similar change but is otherwise derived from section 366(b) of the Senate amendment, with the exception that a time period for continued service of 20 days rather than 10 days is adopted.
|
||||
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senate report no. 95–989This section gives debtors protection from a cut-off of service by a utility because of the filing of a bankruptcy case. This section is intended to cover utilities that have some special position with respect to the debtor, such as an electric company, gas supplier, or telephone company that is a monopoly in the area so that the debtor cannot easily obtain comparable service from another utility. The utility may not alter, refuse, or discontinue service because of the nonpayment of a bill that would be discharged in the bankruptcy case. Subsection (b) protects the utility company by requiring the trustee or the debtor to provide, within ten days, adequate assurance of payment for service provided after the date of the petition.
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Editorial Notes
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Amendments2020—Subsec. (d). Pub. L. 116–260, § 1001(h)(2), struck out subsec. (d) which read as follows: “Notwithstanding any other provision of this section, a utility may not alter, refuse, or discontinue service to a debtor who does not furnish adequate assurance of payment under this section if the debtor— “(1) is an individual; “(2) makes a payment to the utility for any debt owed to the utility for service provided during the 20-day period beginning on the date of the order for relief; and “(3) after the date on which the 20-day period beginning on the date of the order for relief ends, makes a payment to the utility for services provided during the pendency of case when such a payment becomes due.” Pub. L. 116–260, § 1001(h)(1), added subsec. (d). 2005—Subsec. (a). Pub. L. 109–8, § 417(1), substituted “subsections (b) and (c)” for “subsection (b)”. Subsec. (c). Pub. L. 109–8, § 417(2), added subsec. (c). 1984—Subsec. (a). Pub. L. 98–353 inserted “of the commencement of a case under this title or” after “basis”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2020 AmendmentPub. L. 116–260, div. FF, title X, § 1001(h)(2), Dec. 27, 2020, 134 Stat. 3221, provided that the amendment made by section 1001(h)(2) is effective on the date that is 1 year after Dec. 27, 2020.
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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 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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