Title 11 — Bankruptcy
Chapter 1 — General Provisions
§ 105. Power of court
Statutory text
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.
Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title.
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.
The court, on its own motion or on the request of a party in interest—
shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and
unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may 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—
sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or
in a case under chapter 11 of this title—
sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan;
sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan;
sets the date by which a party in interest other than a debtor may file a plan;
sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan;
fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or
provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.
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.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 105
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555Pub. L. 98–353 § 118(1) · 98 Stat. 333
Struck · 11 U.S.C. § 105(a); 11 U.S.C. § 105(b)
Pub. L. 98–353, § 118(1), struck out “bankruptcy” before “court”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 98–353, § 118(1), struck out “bankruptcy” before “court”.Enacted provision · exact public law section
(1) by deleting the word “bankruptcy” wherever it appears therein; andPub. L. 98–353 § 118(2) · 98 Stat. 333
Added · 11 U.S.C. § 105(c)
Pub. L. 98–353, § 118(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–353, § 118(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end thereof the following new subsection: “(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 28 USC 1 et seq. set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees Ante, p. 336. Provisions held invalid. 28 USC 151 note. appointed pursuant to chapter 6 of title 28 from its operation.”.Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 203 · 100 Stat. 3088
Inserted · 11 U.S.C. § 105(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 203. POWER OF COURT. Section 105(a) of title 11, United States Code, is amended by adding at the end thereof the following new sentence: “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.”.Bankruptcy Reform Act of 1994
Pub. L. 103–394 title I § 104(a) · 108 Stat. 4106
Added · 11 U.S.C. § 105(d)
Pub. L. 103–394 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–394 added subsec. (d).Enacted provision · exact public law section
(a) Status Conferences.— Section 105 of title 11, United States Code, is amended by adding at the end the following: “(d) The court, on its own motion or on the request of a party in interest, may— “(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 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.”.Pub. L. 109–8 § 440(1) · 119 Stat. 23
Struck · 11 U.S.C. § 105(d)
Pub. L. 109–8, § 440(1), struck out “, may” after “party in interest” in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–8, § 440(1), struck out “, may” after “party in interest” in introductory provisions.Enacted provision · exact public law section
(1) in the matter preceding paragraph (1), by striking “, may”; andEffective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, 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.Pub. L. 109–8 § 440(2) · 119 Stat. 23
Added · 11 U.S.C. § 105(d)(1)
Pub. L. 109–8, § 440(2), added par. (1)
Struck · 11 U.S.C. § 105(d)(1)
Pub. L. 109–8, § 440(2), struck out former par. (1) which read as follows: “hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 109–8, § 440(2), added par. (1) and struck out former par. (1) which read as follows: “hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and”.Enacted provision · exact public law section
(2) by striking paragraph (1) and inserting the following: “(1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and” .Effective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, 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.Bankruptcy Technical Corrections Act of 2010
Pub. L. 111–327 § 2(a)(3) · 124 Stat. 3557
Inserted · 11 U.S.C. § 105(d)(2)
Pub. L. 111–327 inserted “may” after “Procedure,” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 111–327 inserted “may” after “Procedure,” in introductory provisions.Enacted provision · exact public law section
(3) in section 105(d)(2) by inserting “may” after “Procedure,”,
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
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.
Editorial Notes
References in Text
The Federal Rules of Bankruptcy Procedure, referred to in subsec. (d)(2), are set out in the Appendix to this title.
Amendments1984–2010 · 5 rounds
2010
Subsec. (d)(2). Pub. L. 111–327 inserted “may” after “Procedure,” in introductory provisions.
2005
Subsec. (d). Pub. L. 109–8, § 440(1), struck out “, may” after “party in interest” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–8, § 440(2), added par. (1) and struck out former par. (1) which read as follows: “hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and”.
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, § 118(1), struck out “bankruptcy” before “court”.
Subsec. (c). Pub. L. 98–353, § 118(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
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 1994 Amendment
Amendment by Pub. L. 103–394 effective , and not applicable with respect to cases commenced under this title before , 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 , 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.