Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

The Center For Debt Management
Center4DebtManagement.com ... Always open 24 / 7

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

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



TITLE 11–BANKRUPTCY

CHAPTER 1–GENERAL PROVISIONS

Sec. 105. Power of court

   (a) The court may issue any order, process, or judgment that is 
necessary or appropriate to carry out the provisions of this title. No 
provision of this title providing for the raising of an issue by a party 
in interest shall be construed to preclude the court from, sua sponte, 
taking any action or making any determination necessary or appropriate 
to enforce or implement court orders or rules, or to prevent an abuse of 
process.
    (b) Notwithstanding subsection (a) of this section, a court may not 
appoint a receiver in a case under this title.
    (c) The ability of any district judge or other officer or employee 
of a district court to exercise any of the authority or responsibilities 
conferred upon the court under this title shall be determined by 
reference to the provisions relating to such judge, officer, or employee 
set forth in title 28. This subsection shall not be interpreted to 
exclude bankruptcy judges and other officers or employees appointed 
pursuant to chapter 6 of title 28 from its operation.
    (d) The court, on its own motion or on the request of a party in 
interest, may--
        (1) hold a status conference regarding any case or proceeding 
    under this title after notice to the parties in interest; and
        (2) unless inconsistent with another provision of this title or 
    with applicable Federal Rules of Bankruptcy Procedure, issue an 
    order at any such conference prescribing such limitations and 
    conditions as the court deems appropriate to ensure that the case is 
    handled expeditiously and economically, including an order that--
            (A) sets the date by which the trustee must assume or reject 
        an executory contract or unexpired lease; or
            (B) in a case under chapter 11 of this title--
                (i) sets a date by which the debtor, or trustee if one 
            has been appointed, shall file a disclosure statement and 
            plan;
                (ii) sets a date by which the debtor, or trustee if one 
            has been appointed, shall solicit acceptances of a plan;
                (iii) sets the date by which a party in interest other 
            than a debtor may file a plan;
                (iv) sets a date by which a proponent of a plan, other 
            than the debtor, shall solicit acceptances of such plan;
                (v) fixes the scope and format of the notice to be 
            provided regarding the hearing on approval of the disclosure 
            statement; or
                (vi) provides that the hearing on approval of the 
            disclosure statement may be combined with the hearing on 
            confirmation of the plan.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 98-353, title I, 
Sec. 118, July 10, 1984, 98 Stat. 344; Pub. L. 99-554, title II, 
Sec. 203, Oct. 27, 1986, 100 Stat. 3097; Pub. L. 103-394, title I, 
Sec. 104(a), Oct. 22, 1994, 108 Stat. 4108.)


                      Historical and Revision Notes

                        senate report no. 95-989

    Section 105 is derived from section 2a (15) of present law [section 
11(a)(15) of former title 11], with two changes. First, the limitation 
on the power of a bankruptcy judge (the power to enjoin a court being 
reserved to the district judge) is removed as inconsistent with the 
increased powers and jurisdiction of the new bankruptcy court. Second, 
the bankruptcy judge is prohibited from appointing a receiver in a case 
under title 11 under any circumstances. The bankruptcy code has ample 
provision for the appointment of a trustee when needed. Appointment of a 
receiver would simply circumvent the established procedures.
    This section is also an authorization, as required under 28 U.S.C. 
2283, for a court of the United States to stay the action of a State 
court. As such, Toucey v. New York Life Insurance Company, 314 U.S. 118 
(1941), is overruled.

                       References in Text

    The Federal Rules of Bankruptcy Procedure, referred to in subsec. 
(d)(2), are set out in the Appendix to this title.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-394 added subsec. (d).
    1986--Subsec. (a). Pub. L. 99-554 inserted at end ``No provision of 
this title providing for the raising of an issue by a party in interest 
shall be construed to preclude the court from, sua sponte, taking any 
action or making any determination necessary or appropriate to enforce 
or implement court orders or rules, or to prevent an abuse of process.''
    1984--Subsecs. (a), (b). Pub. L. 98-353, Sec. 118(1), struck out 
``bankruptcy'' before ``court''.
    Subsec. (c). Pub. L. 98-353, Sec. 118(2), added subsec. (c).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not 
applicable with respect to cases commenced under this title before Oct. 
22, 1994, see section 702 of Pub. L. 103-394, set out as a note under 
section 101 of this title.


                    Effective Date of 1986 Amendment

    Effective date and applicability of amendment by Pub. L. 99-554 
dependent upon the judicial district involved, see section 302(d), (e) 
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 July 10, 1984, see section 
122(a) of Pub. L. 98-353, set out as an Effective Date note under 
section 151 of Title 28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 106 of this title.



Back Index Next

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

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

Go to Index of Related Articles and Resources!

Click Below To Check Out More Financial Resources

Return to Top

The Center For Debt Management™

Helping Consumers Save Money and Reduce Debt Is Our Only Business!™

We invite you to explore the sectors listed below. We promise that you'll find exceptional values, offers and resources in which to reduce your living expenses and to enjoy life!


Debt Management and Financial Services! The Internet's oldest and most comprehensive debt management agency! Resources for debt management, consumer credit counseling, debt consolidation, debt reduction settlements, legal aid, financial aid, loans and financing, credit repair, credit reports, insurance quotes, income sources, tax assistance, and more.

Established in 1989 and serving the online community since 1992!


This site was created and designed by Daniel A. Gelinas
Disclaimer and Privacy Policy      © Copyright  2007 "The Center For Debt Management"      Contact Us
Return to Top

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