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Title 11 — Bankruptcy

Chapter 11 — Reorganization

§ 1107. Rights, powers, and duties of debtor in possession

Statutory text

(a)

Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.

(b)

Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title by a debtor in possession solely because of such person’s employment by or representation of the debtor before the commencement of the case.

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. § 1107

    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

  2. Pub. L. 98–353 title III § 503 · 98 Stat. 333

    Substituted · 11 U.S.C. § 1107(a)

    Pub. L. 98–353 substituted “on a trustee serving in a case” for “on a trustee”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–353 substituted “on a trustee serving in a case” for “on a trustee”.

    Enacted provision · exact public law section
    Sec. 503. Section 1107(a) of title 11 of the United States Code is amended by inserting “serving in a case” after “on a trustee”.

    Effective date note
    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.

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

Notes

Historical and Revision Notes
legislative statements

The House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.

senate report no. 95–989

This section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–353 substituted “on a trustee serving in a case” for “on a trustee”.

Statutory Notes and Related Subsidiaries

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

1978–1984 · 2 acts
  1. 1978Pub. L. 95–598, , 92 Stat. 2628
  2. 1984Pub. L. 98–353, title III, § 503, , 98 Stat. 384.
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(Pub. L. 95–598, , 92 Stat. 2628; Pub. L. 98–353, title III, § 503, , 98 Stat. 384.)

Parsed from the official OLRC USLM XML in data/usc_all/usc11.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t11/s1107