Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 13– ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

Sub Chapter – Officers, Administration and the Estate

Sec. 1303. Rights and powers of debtor

 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.

                  Section Referred to in Other Sections

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


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