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Title 11 — Bankruptcy

Chapter 11 — Reorganization

§ 1108. Authorization to operate business

Statutory text

Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may operate 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.

  1. Pub. L. 95–598 · 92 Stat. 2549

    Enacted · 11 U.S.C. § 1108

    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629

    Source evidence

    Code source credit
    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629

  2. Pub. L. 98–353 title III § 504 · 98 Stat. 333

    Inserted · 11 U.S.C. § 1108

    Pub. L. 98–353 inserted “, on request of a party in interest and after notice and a hearing,”

    Source evidence

    Code amendment note
    Pub. L. 98–353 inserted “, on request of a party in interest and after notice and a hearing,”.

    Enacted provision · exact public law section
    Sec. 504. Section 1108 of title 11 of the United States Code is amended by inserting “, on request of a party in interest and after notice and a hearing, after “court”.

    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 1108 of the House bill in preference to the style of an identical substantive provision contained in the Senate amendment. Throughout title 11 references to a “trustee” is read to include other parties under various sections of the bill. For example, section 1107 applies to give the debtor in possession all the rights and powers of a trustee in a case under chapter 11; this includes the power of the trustee to operate the debtor’s business under section 1108.

senate report no. 95–989

This section permits the debtor’s business to continue to be operated, unless the court orders otherwise. Thus, in a reorganization case, operation of the business will be the rule, and it will not be necessary to go to the court to obtain an order authorizing operation.

house report no. 95–595

This section does not presume that a trustee will be appointed to operate the business of the debtor. Rather, the power granted to trustee under this section is one of the powers that a debtor in possession acquires by virtue of proposed 11 U.S.C. 1107.

Editorial Notes

Amendments

1984—Pub. L. 98–353 inserted “, on request of a party in interest and after notice and a hearing,”.

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. 2629
  2. 1984Pub. L. 98–353, title III, § 504, , 98 Stat. 384.
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(Pub. L. 95–598, , 92 Stat. 2629; Pub. L. 98–353, title III, § 504, , 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/s1108