Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 11– REORGANIZATION

Sub Chapter – Officers and Administration

Sec. 1105. Termination of trustee's appointment

 At any time before confirmation of a plan, on request of a party in 
interest or the United States trustee, and after notice and a hearing, 
the court may terminate the trustee's appointment and restore the debtor 
to possession and management of the property of the estate and of the 
operation of the debtor's business.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98-353, title III, 
Sec. 501, July 10, 1984, 98 Stat. 384; Pub. L. 99-554, title II, 
Sec. 223, Oct. 27, 1986, 100 Stat. 3102.)


                      Historical and Revision Notes

                        senate report no. 95-989

    This section authorizes the court to terminate the trustee's 
appointment and to restore the debtor to possession and management of 
the property of the estate and to operation of the debtor's business. 
Section 1104(a) provides that this section does not apply in the case of 
a public company, for which the appointment of a trustee is mandatory.


                         house report no. 95-595

    This section authorizes the court to terminate the trustee's 
appointment and to restore the debtor to possession and management of 
the property of the estate, and to operation of the debtor's business. 
This section would permit the court to reverse its decision to order the 
appointment of a trustee in light of new evidence.


                               Amendments

    1986--Pub. L. 99-554 inserted ``or the United States trustee'' after 
``party in interest''.
    1984--Pub. L. 98-353 substituted ``estate and of the'' for ``estate, 
and''.


                    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 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 section 1161 of this title.


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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,
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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