Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 1–GENERAL PROVISIONS

Sec. 103. Applicability of chapters

    (a) Except as provided in section 1161 of this title, chapters 1, 3, 
and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of 
this title.
    (b) Subchapters I and II of chapter 7 of this title apply only in a 
case under such chapter.
    (c) Subchapter III of chapter 7 of this title applies only in a case 
under such chapter concerning a stockbroker.
    (d) Subchapter IV of chapter 7 of this title applies only in a case 
under such chapter concerning a commodity broker.
    (e) Except as provided in section 901 of this title, only chapters 1 
and 9 of this title apply in a case under such chapter 9.
    (f) Except as provided in section 901 of this title, subchapters I, 
II, and III of chapter 11 of this title apply only in a case under such 
chapter.
    (g) Subchapter IV of chapter 11 of this title applies only in a case 
under such chapter concerning a railroad.
    (h) Chapter 13 of this title applies only in a case under such 
chapter.
    (i) Chapter 12 of this title applies only in a case under such 
chapter.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97-222, Sec. 2, 
July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, Sec. 423, July 
10, 1984, 98 Stat. 369; Pub. L. 99-554, title II, Sec. 252, Oct. 27, 
1986, 100 Stat. 3104.)


                      Historical and Revision Notes

                        senate report no. 95-989

    Section 103 prescribes which chapters of the proposed bankruptcy 
code apply in various cases. All cases, other than cases ancillary to 
foreign proceedings, are filed under chapter 7, 9, 11, or 13, the 
operative chapters of the proposed bankruptcy code. The general 
provisions that apply no matter which chapter a case is filed under are 
found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with 
an exception for chapter 9. The other provisions, which are self-
explanatory, provide the special rules for Stockbroker Liquidations, 
Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad 
Reorganizations.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-554, Sec. 252(1), inserted reference 
to chapter 12.
    Subsec. (i). Pub. L. 99-554, Sec. 252(2), added subsec. (i).
    1984--Subsec. (c). Pub. L. 98-353 substituted ``stockbroker'' for 
``stockholder''.
    1982--Subsec. (d). Pub. L. 97-222 struck out ``except with respect 
to section 746(c) which applies to margin payments made by any debtor to 
a commodity broker or forward contract merchant'' after ``concerning a 
commodity broker''.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, 
but not applicable to cases commenced under this title before that date, 
see section 302(a), (c)(1) of Pub. L. 99-554, set out as a note under 
section 581 of Title 28, Judiciary and Judicial Procedure.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 901, 902, 943 of this title.


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For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software