Title 28 — Judiciary and Judicial Procedure
Part III · Chapter 57 — General Provisions Applicable to Court Officers and Employees
§ 959. Trustees and receivers suable; management; State laws
Statutory text
Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
Except as provided in section 1166 of title 11, a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 959
June 25, 1948, ch. 646, 62 Stat. 926
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 926Pub. L. 95–598 title II § 235 · 92 Stat. 2549
Substituted · 28 U.S.C. § 959(b)
Pub. L. 95–598 substituted “Except as provided in section 1166 of title 11, a trustee” for “A trustee”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–598 substituted “Except as provided in section 1166 of title 11, a trustee” for “A trustee”.Enacted provision · exact public law section
Sec. 235. Section 959(b) of title 28 of the United States Code is amended by striking out “A” and inserting in lieu thereof “Except as provided in section 1166 of title 11, a”.Effective date note
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 124, 125 (Mar. 3, 1911, ch. 231, §§ 65, 66, 36 Stat. 1104).
Section consolidates part of section 124 of title 28, U.S.C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in section 1911 of Title 18, Crimes and Criminal Procedure.
Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28, U.S.C., 1940 ed., as construed in Vany v. Receiver of Toledo, St. L. and K.C. R.R. Co., C.C. 1895, 67 F. 379.
Changes in phraseology were made.
Editorial Notes
Amendments
1978—Subsec. (b). Pub. L. 95–598 substituted “Except as provided in section 1166 of title 11, a trustee” for “A trustee”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective , see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Credits
1948–1978 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 926
- 1978Pub. L. 95–598, title II, § 235, , 92 Stat. 2667.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95–598, title II, § 235, , 92 Stat. 2667.)