2012 US Code
Title 11 - Bankruptcy
Chapter 3 - CASE ADMINISTRATION (§§ 301 - 366)
Subchapter III - ADMINISTRATION (§§ 341 - 351)
Section 350 - Closing and reopening cases

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Metadata

Publication TitleUnited States Code, 2012 Edition, Title 11 - BANKRUPTCY
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 11 - BANKRUPTCY
CHAPTER 3 - CASE ADMINISTRATION
SUBCHAPTER III - ADMINISTRATION
Sec. 350 - Closing and reopening cases
Containssection 350
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawYes
Dispositionstandard
Source CreditPub. L. 95-598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98-353, title III, §439, July 10, 1984, 98 Stat. 370.
Statutes at Large References92 Stat. 2569
98 Stat. 370
Public Law ReferencesPublic Law 95-598, Public Law 98-353

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ADMINISTRATION - 11 U.S.C. § 350 (2012)

§350. Closing and reopening cases

(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.)

Historical and Revision Notes

senate report no. 95–989

Subsection (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.

Amendments

1984—Subsec. (b). Pub. L. 98–353 substituted “A” for “a”.

Effective Date of 1984 Amendment

Amendment 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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