2016 US Code
Title 11 - Bankruptcy
Chapter 11 - Reorganization
Subchapter I - Officers and Administration
Sec. 1105 - Termination of trustee's appointment

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Citation 11 U.S.C. § 1105 (2016)
Section Name §1105. Termination of trustee's appointment
Section Text

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.

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.)

Editorial Notes HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989

This 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. 95–595

This 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.

AMENDMENTS

1986—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 AMENDMENT

Effective 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 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.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
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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