11-U.S.C.-1107
§1107 – Rights, Powers, and Duties of Debtor In Possession
Pathway
Title 11 > Chapter 11 > Subchapter I > Section 1107
Details
- Reference: Section 1107
- Legend: §1107 – Rights, Powers, and Duties of Debtor In Possession
- USCode Year: 2013
Provision Content
(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.
(b) Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title by a debtor in possession solely because of such persons employment by or representation of the debtor before the commencement of the case.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §503, July 10, 1984, 98 Stat. 384.)
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).
Amendments
1984—Subsec. (a). Pub. L. 98–353 substituted on a trustee serving in a case for on a trustee.
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.
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