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LegalText 11 U.S.C. § 725 Disposition of certain property us united_states_code code_section 11 BANKRUPTCY 7 LIQUIDATION 725 11 U.S.C. § 725 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s725 data/legal/raw/us/code/title-11/usc11.xml a3efb2fbd5ed5a09cf0b121d080a1e3ea3ed495ff01c091e8f3dfcee1647ac92 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 b15aee9b09a6f57d865ca7bc6516651c68c00c0d2758a59a843167a7e59aeec8 2026-07-04 official
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11 U.S.C. § 725 - Disposition of certain property

Text

After the commencement of a case under this chapter, but before final distribution of property of the estate under section 726 of this title, the trustee, after notice and a hearing, shall dispose of any property in which an entity other than the estate has an interest, such as a lien, and that has not been disposed of under another section of this title.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2607; Pub. L. 98353, title III, § 478, July 10, 1984, 98 Stat. 381.)

Notes

Historical and Revision Notes

legislative statementsSection 725 of the House amendment adopts the substance contained in both the House bill and Senate amendment but transfers an administrative function to the trustee in accordance with the general thrust of this legislation to separate the administrative and the judicial functions where appropriate.

senate report no. 95989This section requires the court to determine the appropriate disposition of property in which the estate and an entity other than the estate have an interest. It would apply, for example, to property subject to a lien or property co-owned by the estate and another entity. The court must make the determination with respect to property that is not disposed of under another section of the bankruptcy code, such as by abandonment under section 554, by sale or distribution under 363, or by allowing foreclosure by a secured creditor by lifting the stay under section 362. The purpose of the section is to give the court appropriate authority to ensure that collateral or its proceeds is returned to the proper secured creditor, that consigned or bailed goods are returned to the consignor or bailor and so on. Current law is curiously silent on this point, though case law has grown to fill the void. The section is in lieu of a section that would direct a certain distribution to secured creditors. It gives the court greater flexibility to meet the circumstances, and it is broader, permitting disposition of property subject to a co-ownership interest.

Editorial Notes

Amendments1984—Pub. L. 98353 substituted “distribution of property of the estate” for “distribution”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 AmendmentAmendment by Pub. L. 98353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98353, set out as a note under section 101 of this title.