2012 US Code
Title 11 - Bankruptcy
Chapter 11 - REORGANIZATION (§§ 1101 - 1174)
Subchapter I - OFFICERS AND ADMINISTRATION (§§ 1101 - 1116)
Section 1105 - Termination of trustee's appointment
Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 11 - BANKRUPTCY CHAPTER 11 - REORGANIZATION SUBCHAPTER I - OFFICERS AND ADMINISTRATION Sec. 1105 - Termination of trustee's appointment |
Contains | section 1105 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98-353, title III, §501, July 10, 1984, 98 Stat. 384; Pub. L. 99-554, title II, §223, Oct. 27, 1986, 100 Stat. 3102. |
Statutes at Large References | 92 Stat. 2628 98 Stat. 384 100 Stat. 3102 |
Public Law References | Public Law 95-598, Public Law 98-353, Public Law 99-554 |
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At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee's appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor's business.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §501, July 10, 1984, 98 Stat. 384; Pub. L. 99–554, title II, §223, Oct. 27, 1986, 100 Stat. 3102.)
Historical and Revision Notes senate report no. 95–989This section authorizes the court to terminate the trustee's appointment and to restore the debtor to possession and management of the property of the estate and to operation of the debtor's business. Section 1104(a) provides that this section does not apply in the case of a public company, for which the appointment of a trustee is mandatory.
house report no. 95–595This section authorizes the court to terminate the trustee's appointment and to restore the debtor to possession and management of the property of the estate, and to operation of the debtor's business. This section would permit the court to reverse its decision to order the appointment of a trustee in light of new evidence.
Amendments1986—Pub. L. 99–554 inserted “or the United States trustee” after “party in interest”.
1984—Pub. L. 98–353 substituted “estate and of the” for “estate, and”.
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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