11-U.S.C.-1303

11-U.S.C.-1303

§1303 – Rights and Powers of Debtor

Pathway

Title 11 > Chapter 13 > Subchapter I > Section 1303

Details

  • Reference: Section 1303
  • Legend: §1303 – Rights and Powers of Debtor
  • USCode Year: 2013

Provision Content

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.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646.)

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.

U.S. Encyclopedia of Law Coverage

11-U.S.C.-1208 in the Legal Encyclopedia: Bankruptcy

In this entry about 11-U.S.C.-1208, 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.-1230 in the Legal Encyclopedia: Adjustment of Debts

In this entry about 11-U.S.C.-1230, find legal reference material, bibliographies and premiere content related to adjustment of debts in the American Encyclopedia of Law, presenting a comprehensive view of the United States adjustment of debts-specific issues, written by authorities in the field.

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