11-U.S.C.-350
§350 – Closing and Reopening Cases
Pathway
Title 11 > Chapter 3 > Subchapter III > Section 350
Details
- Reference: Section 350
- Legend: §350 – Closing and Reopening Cases
- USCode Year: 2013
Provision Content
(a) After an estate is fully administered and the court has discharged the trustee, the court shall close the case.
(b) A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98–353, title III, §439, July 10, 1984, 98 Stat. 370.)
Historical and Revision Notes
senate report no. 95–989
Subsection (a) requires the court to close a bankruptcy case after the estate is fully administered and the trustee discharged. The Rules of Bankruptcy Procedure will provide the procedure for case closing. Subsection (b) permits reopening of the case to administer assets, to accord relief to the debtor, or for other cause. Though the court may permit reopening of a case so that the trustee may exercise an avoiding power, laches may constitute a bar to an action that has been delayed too long. The case may be reopened in the court in which it was closed. The rules will prescribe the procedure by which a case is reopened and how it will be conducted after reopening.
Amendments
1984—Subsec. (b). Pub. L. 98–353 substituted A for a.
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.
U.S. Encyclopedia of Law Coverage
11-U.S.C.-345 in the Legal Encyclopedia: Bankruptcy
In this entry about 11-U.S.C.-345, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
11-U.S.C.-348 in the Legal Encyclopedia: Bankruptcy Case Administration
In this entry about 11-U.S.C.-348, find legal reference material, bibliographies and premiere content related to bankruptcy case administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy case administration-specific issues, written by authorities in the field.
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