FEDERAL · 11 U.S.C. · Chapter SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE
Rights and powers of debtor
11 U.S.C. § 1303
Title11 — Bankruptcy
ChapterSUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE
This text of 11 U.S.C. § 1303 (Rights and powers of debtor) 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. § 1303.
Text
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.
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Source Credit
History
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646.)
Editorial Notes
Historical and Revision Notes
legislative statements
Section 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. 95–989
A 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.
legislative statements
Section 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. 95–989
A 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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Bluebook (online)
11 U.S.C. § 1303, Counsel Stack Legal Research, https://law.counselstack.com/usc/11/1303.