2013 US Code
Title 11 - Bankruptcy
Chapter 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME (§§ 1301 - 1330)
Subchapter I - OFFICERS, ADMINISTRATION, AND THE ESTATE (§§ 1301 - 1308)
Section 1303 - Rights and powers of debtor
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY CHAPTER 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME SUBCHAPTER I - OFFICERS, ADMINISTRATION, AND THE ESTATE Sec. 1303 - Rights and powers of debtor |
| Contains | section 1303 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2646. |
| Statutes at Large Reference | 92 Stat. 2646 |
| Public Law Reference | Public Law 95-598 |
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Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646.)
HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTSSection 1303 of the House amendment specifies rights and powers that the debtor has exclusive of the trustees. The section does not imply that the debtor does not also possess other powers concurrently with the trustee. For example, although section 1323 is not specified in section 1303, certainly it is intended that the debtor has the power to sue and be sued.
SENATE REPORT NO. 95–989A chapter 13 debtor is vested with the identical rights and powers, and is subject to the same limitations in regard to their exercise, as those given a liquidation trustee by virtue of section 363(b), (d), (e), (f), and (h) of title 11, relating to the sale, use or lease of property.
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