§ 904. Limitation on jurisdiction and powers of court

Statutory text

Notwithstanding any power of the court, unless the debtor consents or the plan so provides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with—

any of the political or governmental powers of the debtor;

any of the property or revenues of the debtor; or

the debtor’s use or enjoyment of any income-producing property.

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. § 904
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2622.)
Source evidence
Code source credit
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2622.)

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

Notes

Historical and Revision Notes

senate report no. 95–989

This section adopts the policy of section 82(c) of current law [section 402(c) of former title 11]. The only change in this section from section 82(c) is to conform the section to the style and cross-references of S. 2266.

house report no. 95–595

This section adopts the policy of section 82(c) of current law [section 402(c) of former title 11]. The Usery case underlines the need for this limitation on the court’s powers. The only change in this section from section 82(c) is to conform the section to the style and cross-references of H.R. 8200. This section makes clear that the court may not interfere with the choices a municipality makes as to what services and benefits it will provide to its inhabitants.

Credits

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2622.)