Title 11 — Bankruptcy
Chapter 5 — Creditors, the Debtor, and the Estate
§ 558. Defenses of the estate
Statutory text
The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
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. 98–353 title III § 470(a) · 98 Stat. 333
Enacted · 11 U.S.C. § 558
(Added Pub. L. 98–353, title III, § 470(a), July 10, 1984, 98 Stat. 380.)
Source evidence
Code source credit
(Added Pub. L. 98–353, title III, § 470(a), July 10, 1984, 98 Stat. 380.)Enacted provision · exact public law section
(a) Chapter 5 of title 11 of the United States Code as amended by section 352 is amended by adding at the end thereof the following new section: “§ 558. Defenses of the estate “The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.”.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective with respect to cases filed 90 days after , see section 552(a) of Pub. L. 98–353, set out as an Effective Date of 1984 Amendment note under section 101 of this title.
Credits
(Added Pub. L. 98–353, title III, § 470(a), , 98 Stat. 380.)