There Is a Newer Version
of
the U.S. Code
2012 U.S. Code
Title 11 - Bankruptcy
Chapter 5 - CREDITORS, THE DEBTOR, AND THE ESTATE (§§ 501 - 562)
Subchapter III - THE ESTATE (§§ 541 - 562)
Section 558 - Defenses of the estate
THE ESTATE - 11 U.S.C. § 558 (2012)
§558. Defenses of the estate
The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
(Added Pub. L. 98–353, title III, §470(a), July 10, 1984, 98 Stat. 380.)
Effective DateSection effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as an Effective Date of 1984 Amendment note under section 101 of this title.
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