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11 U.S.C. § 102 — Rules of construction

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 102 — Rules of construction

In this title— (1) “after notice and a hearing”, or a similar phrase— (A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but (B) authorizes an act without an actual hearing if such notice is given properly and if— (i) such a hearing is not requested timely by a party in interest; or (ii) there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act; (2) “claim against the debtor” includes claim against property of the debtor; (3) “includes” and “including” are not limiting; (4) “may not” is prohibitive, and not permissive; (5) “or” is not exclusive; (6) “order for relief” means entry of an order for relief; (7) the singular includes the plural; (8) a definition, contained in a section of this title that refers to another section of this title, does not, for the purpose of such reference, affect the meaning of a term used in such other section; and (9) “United States trustee” includes a designee of the United States trustee.

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Source location: Title 11, Chapter 1, § 102; chapter-001-general-provisions.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 581 — United States trustees

**(a)** The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. (2) The judicial districts established for the States of Connecticut, New York, and Vermont. (3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. (4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. (5) The judicial districts established for the States of Louisiana and Mississippi. (6) The Northern District of Texas and the Eastern District of Texas. (7) The Southern District of Texas and the Western District of Texas. (8) The judicial districts established for the States of Kentucky and Tennessee. (9) The judicial districts established for the States of Michigan and Ohio. (10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. (11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. (12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. (13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. (14) The District of Arizona. (15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. (16) The Central District of California. (17) The Eastern District of California and the Northern District of Cal

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11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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1 U.S.C. § 1 — Words denoting number, gender, and so forth

In determining the meaning of any Act of Congress, unless the context indicates otherwise—

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11 U.S.C. § 102 — Rules of construction

Page 29 TITLE 11—BANKRUPTCY § 102 peared; in par. (19A), dollar amount ‘‘1,868,200’’ was ad- justed to ‘‘1,924,550’’ each time it appeared; and, in par. (51D), dollar amount ‘‘2,490,925’’ was adjusted to ‘‘2,566,050’’ each time it appeared. By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in par. (3), dollar amount ‘‘175,750’’ was ad- justed to ‘‘186,825’’; in par. (18), dollar amount ‘‘3,792,650’’ was adjusted to ‘‘4,031,575’’ each time it ap- peared; in par. (19A), dollar amount ‘‘1,757,475’’ was ad- justed to ‘‘1,868,200’’ each time it appeared; and, in par. (51D), dollar amount ‘‘2,343,300’’ was adjusted to ‘‘2,490,925’’ each time it appeared. By notice dated Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in par. (3), dollar amount ‘‘164,250’’ was ad- justed to ‘‘175,750’’; in par. (18)(A), (B)(ii), dollar amount ‘‘3,544,525’’ was adjusted to ‘‘3,792,650’’ each time it ap- peared; in par. (19A)(A)(i), (B)(ii)(II), dollar amount ‘‘1,642,500’’ was adjusted to ‘‘1,757,475’’ each time it ap- peared; and, in par. (51D)(A), (B), dollar amount ‘‘2,190,000’’ was adjusted to ‘‘2,343,300’’ each time it ap- peared. By notice dated Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, in par. (3), dollar amount ‘‘150,000’’ was ad- justed to ‘‘164,250’’; in par. (18), dollar amount ‘‘3,237,000’’ was adjusted to ‘‘3,544,525’’ each time it ap- peared; in par. (19A), dollar amount ‘‘1,500,000’’ was ad- justed to ‘‘1,642,500’’ each time it appeared; and, in par. (51D), dollar amount ‘‘2,000,000’’ was adjusted to ‘‘2,190,000’’ each time it appeared. In par. (18), Pub. L. 116–51 subsequently substituted ‘‘10,000,000’’ for ‘‘3,237,000’’ both places it appeared, see 2019 Amendment note above. § 102. Rules of construction In this title—

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