CHAPTER 1GENERAL 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
(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
(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
(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
(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.
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.