§ 1105. Termination of trustee’s appointment

Statutory text

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.

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.

1978
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 1105
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628
1984
Pub. L. 98–353 title III § 501 · 98 Stat. 333
Substituted · 11 U.S.C. § 1105
Pub. L. 98–353 substituted “estate and of the” for “estate, and”
Source evidence
Code amendment note
Pub. L. 98–353 substituted “estate and of the” for “estate, and”.
Enacted provision · exact public law section
Sec. 501. Section 1105 of title 11 of the United States Code is amended by striking out “estate, and” and inserting in lieu thereof “estate and of the”.
1986
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 223 · 100 Stat. 3088
Inserted · 11 U.S.C. § 1105
Pub. L. 99–554 inserted “or the United States trustee” after “party in interest”
Source evidence
Code amendment note
Pub. L. 99–554 inserted “or the United States trustee” after “party in interest”.
Enacted provision · exact public law section
SEC. 223. TERMINATION OF TRUSTEE APPOINTMENT. Section 1105 of title 11, United States Code, is amended by inserting “or the United States trustee” after “party in interest”.
Effective date note
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

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.

Editorial Notes

Amendments1984–1986 · 2 rounds

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”.

Statutory Notes and Related Subsidiaries

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.

Credits

1978–1986 · 3 acts

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

Show as published

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