The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005(Chapters 9, and 11 excluded)
TITLE 11 - BANKRUPTCY
CHAPTER
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HEADING
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SECTION
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1
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General Provisions
|
101
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3
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Case Administration
|
301
|
5
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Creditors, the Debtor, and the Estate
|
501
|
7
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Liquidation
|
701
|
9
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Adjustment of Debts of a Municipality
|
901
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11
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Reorganization
|
1101
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12
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Adjustment of Debts of
a
Family Farmers
or Family Fisherman
with Regular Annual Income
|
1201
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13
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Adjustment of Debts of an Individual With Regular Income
|
1301
|
15
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Ancillary and Other Cross-Border Cases
|
1501
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CHAPTER 1 - GENERAL PROVISIONS
SECTION
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HEADING
|
101
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Definitions.
|
102
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Rules of construction.
|
103
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Applicability of chapters.
|
104
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Adjustment of dollar amounts.
|
105
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Power of court.
|
106
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Waiver of sovereign immunity.
|
107
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Public access to papers.
|
108
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Extension of time.
|
109
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Who may be a debtor.
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110
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Penalty for persons who negligently or fraudulently prepare bankruptcy petitions.
|
111
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Nonprofit budget and credit counseling agencies; financial management instructional courses.
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112
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Prohibition on disclosure of name of minor children.
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CHAPTER 3 - CASE ADMINISTRATION
SUBCHAPTER I - COMMENCEMENT OF A CASE
SECTION
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HEADING
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301
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Voluntary cases.
|
302
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Joint cases.
|
303
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Involuntary cases.
|
304
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Cases ancillary to foreign proceedings.
|
305
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Abstention.
|
306
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Limited appearance.
|
307
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United States trustee.
|
308
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Debtor reporting requirements.
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SUBCHAPTER II - OFFICERS
SECTION
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HEADING
|
321
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Eligibility to serve as trustee.
|
322
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Qualification of trustee.
|
323
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Role and capacity of trustee.
|
324
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Removal of trustee or examiner.
|
325
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Effect of vacancy.
|
326
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Limitation on compensation of trustee.
|
327
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Employment of professional persons.
|
328
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Limitation on compensation of professional persons.
|
329
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Debtor's transactions with attorneys.
|
330
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Compensation of officers.
|
331
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Interim compensation.
|
332
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Consumer privacy ombudsman.
|
333
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Appointment of ombudsman.
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SUBCHAPTER III - ADMINISTRATION
SECTION
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HEADING
|
341
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Meetings of creditors and equity security holders.
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342
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Notice.
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343
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Examination of the debtor.
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344
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Self-incrimination; immunity.
|
345
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Money of estates.
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346
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Special tax provisions related to the treatment of State and local taxes.
|
347
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Unclaimed property.
|
348
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Effect of conversion.
|
349
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Effect of dismissal.
|
350
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Closing and reopening cases.
|
351
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Disposal of patient records.
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SUBCHAPTER IV - ADMINISTRATIVE POWERS
SECTION
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HEADING
|
361
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Adequate protection.
|
362
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Automatic stay.
|
363
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Use, sale, or lease of property.
|
364
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Obtaining credit.
|
365
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Executory contracts and unexpired leases.
|
366
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Utility service.
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347
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Unclaimed property.
|
348
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Effect of conversion.
|
349
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Effect of dismissal.
|
350
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Closing and reopening cases.
|
351
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Disposal of patient records.
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CHAPTER 5 - CREDITORS, THE DEBTOR, AND THE ESTATE
SUBCHAPTER I - CREDITORS AND CLAIMS
SECTION
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HEADING
|
501
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Filing of proofs of claims or interests.
|
502
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Allowance of claims or interests.
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503
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Allowance of administrative expenses.
|
504
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Sharing of compensation.
|
505
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Determination of tax liability.
|
506
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Determination of secured status.
|
507
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Priorities.
|
508
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Effect of distribution other than under this title.
|
509
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Claims of codebtors.
|
510
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Subordination.
|
511
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Rate of interest on tax claims.
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SUBCHAPTER II - DEBTOR'S DUTIES AND BENEFITS
SECTION
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HEADING
|
521
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Debtor's duties.
|
522
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Exemptions.
|
523
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Exceptions to discharge.
|
524
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Effect of discharge.
|
525
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Protection against discriminatory treatment.
|
526
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Restrictions on debt relief agencies.
|
527
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Disclosures.
|
528
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Requirements for debt relief agencies.
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SUBCHAPTER IIII - THE ESTATE
SECTION
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HEADING
|
541
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Property of the estate.
|
542
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Turnover of property to the estate.
|
543
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Turnover of property by a custodian.
|
544
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Trustee as lien creditor and as successor to certain creditors and purchasers.
|
545
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Statutory liens.
|
546
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Limitations on avoiding powers.
|
547
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Preferences.
|
548
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Fraudulent transfers and obligations.
|
549
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Postpetition transactions.
|
550
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Liability of transferee of avoided transfer.
|
551
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Automatic preservation of avoided transfer.
|
552
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Postpetition effect of security interest.
|
553
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Setoff.
|
554
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Abandonment of property of the estate.
|
555
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Contractual right to liquidate, terminate, or accelerate a securities contract.
|
556
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Contractual right to liquidate, terminate, or accelerate a commodityies contract or forward contract.
|
557
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Expedited determination of interests in, and abandonment or other disposition of grain assets.
|
558
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Defenses of the estate.
|
559
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Contractual right to liquidate, terminate, or accelerate a repurchase agreement.
|
560
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Contractual right to liquidate, terminate, or accelerate a swap agreement.
|
561
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Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts; proceedings under chapter 15.
|
562
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Timing of damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements.
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CHAPTER 7 - LIQUIDATION
SUBCHAPTER I - OFFICERS AND ADMINISTRATION
SECTION
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HEADING
|
701
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Interim trustee.
|
702
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Election of trustee.
|
703
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Successor trustee.
|
704
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Duties of trustee.
|
705
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Creditors' committee.
|
706
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Conversion.
|
707
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Dismissal of a case or conversion to a case under chapter 11 or 13.
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SUBCHAPTER II - COLLECTION, LIQUIDATION, AND DISTRIBUTION OF THE ESTATE
SECTION
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HEADING
|
721
|
Authorization to operate business.
|
722
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Redemption.
|
723
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Rights of partnership trustee against general partners.
|
724
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Treatment of certain liens.
|
725
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Disposition of certain property.
|
726
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Distribution of property of the estate.
|
727
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Discharge.
|
728
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Special tax provisions.
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SUBCHAPTER III - STOCKBROKER LIQUIDATION
SECTION
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HEADING
|
741
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Definitions for this subchapter.
|
742
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Effect of section 362 of this title in this subchapter.
|
743
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Notice.
|
744
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Executory contracts.
|
745
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Treatment of accounts.
|
746
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Extent of customer claims.
|
747
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Subordination of certain customer claims.
|
748
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Reduction of securities to money.
|
749
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Voidable transfers.
|
750
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Distribution of securities.
|
751
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Customer name securities.
|
752
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Customer property.
|
753
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Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants.
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SUBCHAPTER IV - COMMODITY BROKER LIQUIDATION
SECTION
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HEADING
|
761
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Definitions for this subchapter.
|
762
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Notice to the Commission and right to be heard.
|
763
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Treatment of accounts.
|
764
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Voidable transfers.
|
765
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Customer instructions.
|
766
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Treatment of customer property.
|
767
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Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants.
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SUBCHAPTER V - CLEARING BANK LIQUIDATION
SECTION
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HEADING
|
781
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Definitions.
|
782
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Selection of trustee.
|
783
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Additional powers of trustee.
|
784
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Right to be heard.
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CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY (This chapter not presently available)
SUBCHAPTER I - GENERAL PROVISIONS
SECTION
|
HEADING
|
901
|
Applicability of other sections of this title.
|
902
|
Definitions for this chapter.
|
903
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Reservation of State power to control municipalities.
|
904
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Limitation on jurisdiction and powers of court.
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SUBCHAPTER II - ADMINISTRATION
SECTION
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HEADING
|
921
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Petition and proceedings relating to petition.
|
922
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Automatic stay of enforcement of claims against the debtor.
|
923
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Notice.
|
924
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List of creditors.
|
925
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Effect of list of claims.
|
926
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Avoiding powers.
|
927
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Limitation on recourse.
|
928
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Post petition effect of security interest.
|
929
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Municipal leases.
|
930
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Dismissal.
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SUBCHAPTER III - THE PLAN
SECTION
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HEADING
|
941
|
Filing of plan.
|
942
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Modification of plan.
|
943
|
Confirmation.
|
944
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Effect of confirmation.
|
945
|
Continuing jurisdiction and closing of the case.
|
946
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Effect of exchange of securities before the date of the filing of the petition.
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CHAPTER 11 - REORGANIZATION (This chapter not presently available)
SUBCHAPTER I - OFFICERS AND ADMINISTRATION
SECTION
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HEADING
|
1101
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Definitions for this chapter.
|
1102
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Creditors' and equity security holders' committees.
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1103
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Powers and duties of committees.
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1104
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Appointment of trustee or examiner.
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1105
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Termination of trustee's appointment.
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1106
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Duties of trustee and examiner.
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1107
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Rights, powers, and duties of debtor in possession.
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1108
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Authorization to operate business.
|
1109
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Right to be heard.
|
1110
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Aircraft equipment and vessels.
|
1111
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Claims and interests.
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1112
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Conversion or dismissal.
|
1113
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Rejection of collective bargaining agreements.
|
1114
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Payment of insurance benefits to retired employees.
|
1115
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Property of the estate.
|
1116
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Duties of trustee or debtor in possession in small business cases.
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SUBCHAPTER II - THE PLAN
SECTION
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HEADING
|
1121
|
Who may file a plan.
|
1122
|
Classification of claims or interests.
|
1123
|
Contents of plan.
|
1124
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Impairment of claims or interests.
|
1125
|
Postpetition disclosure and solicitation.
|
1126
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Acceptance of plan.
|
1127
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Modification of plan.
|
1128
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Confirmation hearing.
|
1129
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Confirmation of plan.
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SUBCHAPTER III - POSTCONFIRMATION MATTERS
SECTION
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HEADING
|
1141
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Effect of confirmation.
|
1142
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Implementation of plan.
|
1143
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Distribution.
|
1144
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Revocation of an order of confirmation.
|
1145
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Exemption from securities laws.
|
1146
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Special tax provisions.
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SUBCHAPTER IV - RAILROAD REORGANIZATION
SECTION
|
HEADING
|
1161
|
Inapplicability of other sections.
|
1162
|
Definition
|
1163
|
Appointment of trustee.
|
1164
|
Right to be heard.
|
1165
|
Protection of the public interest.
|
1166
|
Effect of subtitle IV of title 49 and of Federal, State, or local regulations.
|
1167
|
Collective bargaining agreements.
|
1168
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Rolling stock equipment.
|
1169
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Effect of rejection of lease of railroad line.
|
1170
|
Abandonment of railroad line.
|
1171
|
Priority claims.
|
1172
|
Contents of plan.
|
1173
|
Confirmation of plan.
|
1174
|
Liquidation.
|
CHAPTER 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME
SUBCHAPTER I - OFFICERS, ADMINISTRATION, AND THE ESTATE
SECTION
|
HEADING
|
1301
|
Stay of action against codebtor.
|
1302
|
Trustee.
|
1303
|
Rights and powers of debtor.
|
1304
|
Debtor engaged in business.
|
1305
|
Filing and allowance of postpetition claims.
|
1306
|
Property of the estate.
|
1307
|
Conversion or dismissal.
|
1308
|
Filing of prepetition tax returns.
|
SUBCHAPTER II - THE PLAN
SECTION
|
HEADING
|
1321
|
Filing of plan.
|
1322
|
Contents of plan.
|
1323
|
Modification of plan before confirmation.
|
1324
|
Impairment of claims or interests.
|
1325
|
Confirmation of plan.
|
1326
|
Payments.
|
1327
|
Effect of confirmation.
|
1328
|
Discharge.
|
1329
|
Modification of plan after confirmation.
|
1330
|
Revocation of an order of confirmation.
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* Copyright 2005 All Rights Reserved, Robert T. DeMarco
Boyd•Veigel, P.C., is proud to represent clients in Plano, Allen, Frisco, McKinney, The Colony, Lewisville, Greenville,
Dallas, Richardson, Arlington, Addison, Mesquite, Rockwall, Carrollton, Sachse, Collin County, Dallas County, Denton County, Hunt County,
and all surrounding areas.
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