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119th Congress

Title 11 — Bankruptcy

Chapter 1 — General Provisions

§ 103. Applicability of chapters

Statutory text

(a)

Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.

(b)

Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.

(c)

Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.

(d)

Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.

(e)

Scope of Application.—

Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 1 of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(f)

Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.

(g)

Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.

(h)

Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.

(i)

Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a debtor (as defined in section 1182) elects that subchapter V of chapter 11 shall apply.

(j)

Chapter 13 of this title applies only in a case under such chapter.

(k)

Chapter 12 of this title applies only in a case under such chapter.

(l)

Chapter 15 applies only in a case under such chapter, except that—

(1)

sections 1505, 1513, and 1514 apply in all cases under this title; and

(2)

section 1509 applies whether or not a case under this title is pending.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 95–598 · 92 Stat. 2549

    Enacted · 11 U.S.C. § 103

    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555

    Source evidence

    Code source credit
    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555

  2. Pub. L. 97–222 § 2 · 96 Stat. 235

    Struck · 11 U.S.C. § 103(d)

    Pub. L. 97–222 struck out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–222 struck out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”.

    Enacted provision · exact public law section
    Sec. 2. Section 103(d) of title 11, United States Code, is amended by striking out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant”.

  3. Pub. L. 98–353 title III § 423 · 98 Stat. 333

    Substituted · 11 U.S.C. § 103(c)

    Pub. L. 98–353 substituted “stockbroker” for “stockholder”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–353 substituted “stockbroker” for “stockholder”.

    Enacted provision · exact public law section
    Sec. 423. Section 103(c) of title 11 of the United States Code is amended by striking out “stockholder” and inserting in lieu thereof “stockbroker”.

  4. Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

    Pub. L. 99–554 § 252(1) · 100 Stat. 3088

    Inserted · 11 U.S.C. § 103(a)

    Pub. L. 99–554, § 252(1), inserted reference to chapter 12

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–554, § 252(1), inserted reference to chapter 12.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking out “or 13” and inserting in lieu thereof “12, or 13”,

  5. Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

    Pub. L. 99–554 § 252(2) · 100 Stat. 3088

    Added · 11 U.S.C. § 103(i)

    Pub. L. 99–554, § 252(2), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 99–554, § 252(2), added subsec. (i).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following: “(i) Chapter 12 of this title applies only in a case under such chapter.”.

  6. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(5)(tI)(s112)(c)(5)(A) · 114 Stat. 2763

    1. Added · 11 U.S.C. § 103(e)(j)

      Pub. L. 106–554 added subsec. (e)

    2. Redesignated · 11 U.S.C. § 103(e)(j)

      Pub. L. 106–554 redesignated former subsecs. (e) to (i) as (f) to (j), respectively

    Source evidence

    Code amendment note
    Subsecs. (e) to (j). Pub. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

    Enacted provision · exact public law section
    (5) H.R. 5660, as introduced on December 14, 2000.

  7. Pub. L. 109–8 § 802(a)(1) · 119 Stat. 23

    Inserted · 11 U.S.C. § 103(a)

    Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting before the period the following: “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15”; and

  8. Pub. L. 109–8 § 802(a)(2) · 119 Stat. 23

    Added · 11 U.S.C. § 103(k)

    Pub. L. 109–8, § 802(a)(2), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 109–8, § 802(a)(2), added subsec. (k).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(k) Chapter 15 applies only in a case under such chapter, except that— “(1) sections 1505, 1513, and 1514 apply in all cases under this title; and “(2) section 1509 applies whether or not a case under this title is pending.” .

  9. Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(2) · 124 Stat. 3557

    Substituted · 11 U.S.C. § 103(a)

    Pub. L. 111–327 substituted “362(o)” for “362(n)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–327 substituted “362(o)” for “362(n)”.

    Enacted provision · exact public law section
    (2) in section 103(a) by striking “362(n)” and inserting “362(o)”,

  10. Small Business Reorganization Act of 2019

    Pub. L. 116–54 § 4(a)(2) · 133 Stat. 1079

    1. Added · 11 U.S.C. § 103(i)(l)

      Pub. L. 116–54 added subsec. (i)

    2. Redesignated · 11 U.S.C. § 103(i)(l)

      Pub. L. 116–54 redesignated former subsecs. (i) to (k) as (j) to (l), respectively

    Source evidence

    Code amendment note
    Subsecs. (i) to (l). Pub. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively.

    Enacted provision · exact public law section
    (2) in section 103— (A) by redesignating subsections (i) through (k) as subsections (j) through (l), respectively; and (B) by inserting after subsection (h) the following: “(i) Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a small business debtor elects that subchapter V of chapter 11 shall apply.” ;

    Effective date note
    Amendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.

  11. Coronavirus Aid, Relief, and Economic Security Act

    Pub. L. 116–136 div. A title I § 1113(a)(2) · 134 Stat. 281

    Substituted · 11 U.S.C. § 103(i)

    Pub. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”.

    Enacted provision · exact public law section
    (2) Applicability of chapters.— Section 103(i) of title 11, United States Code, is amended by striking “small business debtor” and inserting “debtor (as defined in section 1182)”.

12 of 13 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes
senate report no. 95–989

Section 103 prescribes which chapters of the proposed bankruptcy code apply in various cases. All cases, other than cases ancillary to foreign proceedings, are filed under chapter 7, 9, 11, or 13, the operative chapters of the proposed bankruptcy code. The general provisions that apply no matter which chapter a case is filed under are found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with an exception for chapter 9. The other provisions, which are self-explanatory, provide the special rules for Stockbroker Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad Reorganizations.

Editorial Notes

References in Text

Section 25A of the Federal Reserve Act, referred to in subsec. (e), popularly known as the Edge Act, is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 12 and Tables.

Section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in subsec. (e), was classified to section 4422 of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title VII, § 740, , 124 Stat. 1729.

Amendments1982–2020 · 8 rounds

2020

Subsec. (i). Pub. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”.

2019

Subsecs. (i) to (l). Pub. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively.

2010

Subsec. (a). Pub. L. 111–327 substituted “362(o)” for “362(n)”.

2005

Subsec. (a). Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period.

Subsec. (k). Pub. L. 109–8, § 802(a)(2), added subsec. (k).

2000

Subsecs. (e) to (j). Pub. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

1986

Subsec. (a). Pub. L. 99–554, § 252(1), inserted reference to chapter 12.

Subsec. (i). Pub. L. 99–554, § 252(2), added subsec. (i).

1984

Subsec. (c). Pub. L. 98–353 substituted “stockbroker” for “stockholder”.

1982

Subsec. (d). Pub. L. 97–222 struck out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–54 effective 180 days after , see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after , but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) 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 , see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Credits

1978–2020 · 9 acts
  1. 1978Pub. L. 95–598, , 92 Stat. 2555
  2. 1982Pub. L. 97–222, § 2, , 96 Stat. 235
  3. 1984Pub. L. 98–353, title III, § 423, , 98 Stat. 369
  4. 1986Pub. L. 99–554, title II, § 252, , 100 Stat. 3104
  5. 2000Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(A)], , 114 Stat. 2763, 2763A–394
  6. 2005Pub. L. 109–8, title VIII, § 802(a), , 119 Stat. 145
  7. 2010Pub. L. 111–327, § 2(a)(2), , 124 Stat. 3557
  8. 2019Pub. L. 116–54, § 4(a)(2), , 133 Stat. 1085
  9. 2020Pub. L. 116–136, div. A, title I, § 1113(a)(2), , 134 Stat. 311.
Show as published

(Pub. L. 95–598, , 92 Stat. 2555; Pub. L. 97–222, § 2, , 96 Stat. 235; Pub. L. 98–353, title III, § 423, , 98 Stat. 369; Pub. L. 99–554, title II, § 252, , 100 Stat. 3104; Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(A)], , 114 Stat. 2763, 2763A–394; Pub. L. 109–8, title VIII, § 802(a), , 119 Stat. 145; Pub. L. 111–327, § 2(a)(2), , 124 Stat. 3557; Pub. L. 116–54, § 4(a)(2), , 133 Stat. 1085; Pub. L. 116–136, div. A, title I, § 1113(a)(2), , 134 Stat. 311.)

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