FEDERAL · 11 U.S.C. · Chapter SUBCHAPTER I—OFFICERS AND ADMINISTRATION
Rights, powers, and duties of debtor in possession
11 U.S.C. § 1107
Title11 — Bankruptcy
ChapterSUBCHAPTER I—OFFICERS AND ADMINISTRATION
This text of 11 U.S.C. § 1107 (Rights, powers, and duties of debtor in possession) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
11 U.S.C. § 1107.
Text
(a)Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.
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Source Credit
History
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §503, July 10, 1984, 98 Stat. 384.)
Editorial Notes
Historical and Revision Notes
legislative statements
The House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.
senate report no. 95–989
This section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).
Editorial Notes
Amendments
1984—Subsec. (a). Pub. L. 98–353 substituted "on a trustee serving in a case" for "on a trustee".
Statutory Notes and Related Subsidiaries
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.
legislative statements
The House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.
senate report no. 95–989
This section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).
Editorial Notes
Amendments
1984—Subsec. (a). Pub. L. 98–353 substituted "on a trustee serving in a case" for "on a trustee".
Statutory Notes and Related Subsidiaries
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.
Cite This Page — Counsel Stack
Bluebook (online)
11 U.S.C. § 1107, Counsel Stack Legal Research, https://law.counselstack.com/usc/11/1107.