Removal of debtor in possession

11 U.S.C. § 1185

• Title: 11 — Bankruptcy
• Chapter: SUBCHAPTER V—SMALL BUSINESS DEBTOR REORGANIZATION

Text

(a) In General.—On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the date of commencement of the case, or for failure to perform the obligations of the debtor under a plan confirmed under this subchapter.
(b) Reinstatement.—On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.

History

(Added Pub. L. 116–54, §2(a), Aug. 23, 2019, 133 Stat. 1080.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title.