Conditions of use · Every effort has been made to
reproduce the code accurately. However there could be errors which would
change the effect of the code. Permission to use these materials is given
only on the condition that the user will be solely responsible for verifying the
accuracy of the information contained herein.x
Text size · You may adjust the size of the text from
your browser's control bar: View, Text Size.
Printing · If the top menu bar stays at the top of the
window as you scroll in your browser, return the browser to the top of the page
before printing or the menu bar may obscure some text. You may print
selected pages of the web page by printing from File, Page Preview
instead of Print. More printing
tips.
Annotations · We have added notes linking to cases and
other information to some sections of the code. You may chose to
or
the annotations.
Redline Display · The Bankruptcy Code
shown is as amended by The Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005. You may choose to or
the redline version showing the changes made by the act.
Link to the Code · You may link your web page directly
to this version of the code, or to any subsection. More link
information.
TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 1.
General Provisions
11
USC § 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--
(1) shall hold such status conferences as are necessary
to further the expeditious and economical resolution of the case; 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.
[Rev. 4-29-05]
|