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LegalText 28 U.S.C. § 959 Trustees and receivers suable; management; State laws us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 57 GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES 959 28 U.S.C. § 959 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s959 data/legal/raw/us/code/title-28/usc28.xml 224c1e1b0e0ec7cd541ba8b52c251af15fffb6061ef88451e0a20be6bdf44fd7 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf fbc909aa0a0b5f2c7638b3b025ab151c6fddc9a1f4ba3aad84c742159665f624 2026-07-04 official
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28 U.S.C. § 959 - Trustees and receivers suable; management; State laws

Text

(a) Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.

(b) Except as provided in section 1166 of title 11, a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.

(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95598, title II, § 235, Nov. 6, 1978, 92 Stat. 2667.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 124, 125 (Mar. 3, 1911, ch. 231, §§ 65, 66, 36 Stat. 1104). Section consolidates part of section 124 of title 28, U.S.C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in section 1911 of Title 18, Crimes and Criminal Procedure. Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28, U.S.C., 1940 ed., as construed in Vany v. Receiver of Toledo, St. L. and K.C. R.R. Co., C.C. 1895, 67 F. 379. Changes in phraseology were made.

Editorial Notes

Amendments1978—Subsec. (b). Pub. L. 95598 substituted “Except as provided in section 1166 of title 11, a trustee” for “A trustee”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.