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11 U.S.C. § 1109 — Right to be heard
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Securities and Exchange Commission may raise and may appear and be heard on any issue in a case under this chapter, but the Securities and Exchange Commission may not appeal from any judgment, order, or decree entered in the case.
**(b)** A party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may raise and may appear and be heard on any issue in a case under this chapter.
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Stable record: federal_law:legal_authorities:record_usc_2b9180e31c58e9c5f3a5fab7
Source file: Laws/federal/codes/united-states-code/title-11/section-1109-right-to-be-heard--8d4e939fdf.md
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Source location: Title 11, Chapter 11, § 1109; chapter-011-reorganization.md
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**(a)** The Securities and Exchange Commission may raise and may appear and be heard on any issue in a case under this chapter, but the Securities and Exchange Commission may not appeal from any judgment, order, or decree entered in the case.
**(b)** A party in interest, including the debtor, the trustee, a creditors’ committee, an equity security holders’ committee, a creditor, an equity security holder, or any indenture trustee, may raise and may appear and be heard on any issue in a case under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Appropriate Federal banking agency** — The term “appropriate Federal banking agency” has the meaning given that term in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
(2) **Bank Secrecy Act** — The term “Bank Secrecy Act” means—
(A) [section 1829b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1829b&num=0&edition=prelim);
(B) chapter 2 of title I of Public Law 91–508 ([12 U.S.C. 1951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1951&num=0&edition=prelim) et seq.); and
(C) subchapter II of chapter 53 of title 31.
(3) **Board** — The term “Board” means the Board of Governors of the Federal Reserve System.
(4) **Comptroller** — The term “Comptroller” means the Office of the Comptroller of the Currency.
(5) **Corporation** — The term “Corporation” means the Federal Deposit Insurance Corporation.
(6) **Digital asset** — The term “digital asset” means any digital representation of value that is recorded on a cryptographically secured distributed ledger.
(7) **Digital asset service provider** — The term “digital asset service provider”—
(A) means a person that, for compensation or profit, engages in the business in the United States (including on behalf of customers or users in the United States) of—
(i) exchanging digital assets for monetary value;
(ii) exchanging digital assets for other digital assets;
(iii) transferring digital assets to a third party;
(iv) acting as a digital asset custodian; or
(v) participating in financial services relating to digital asset issuance; and
(B) does not include—
(i) a distributed ledger protocol;
(ii)
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee—
(1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or
(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor.
**(b)**
(1) Except as provided in [section 1163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1163&num=0&edition=prelim), on the request of a party in interest made not later than 30 days after the court orders the appointment of a trustee under subsection (a), the United States trustee shall convene a meeting of creditors for the purpose of electing one disinterested person to serve as trustee in the case. The election of a trustee shall be conducted in the manner provided in subsections (a), (b), and (c) of [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section702&num=0&edition=prelim).
(2)
(A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election.
(B) Upon the filing of a report under subparagraph (A)—
(i) the trustee elected under paragraph (1) shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1104
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Federal law — U.S. Code and appendices · legal_authorities
The Board, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and may appear and be heard on any issue in a case under this chapter, but may not appeal from any judgment, order, or decree entered in the case.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1164
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Federal law — U.S. Code and appendices · legal_authorities
Page 246
TITLE 11—BANKRUPTCY
§ 1107
§ 1107. Rights, powers, and duties of debtor in
possession
(a) Subject to any limitations on a trustee
serving in a case under this chapter, and to such
limitations or conditions as the court pre-
scribes, a debtor in possession shall have all the
rights, other than the right to compensation
under section 330 of this title, and powers, and
shall perform all the functions and duties, ex-
cept the duties specified in sections 1106(a)(2),
(3), and (4) of this title, of a trustee serving in a
case under this chapter.
(b) Notwithstanding section 327(a) of this title,
a person is not disqualified for employment
under section 327 of this title by a debtor in pos-
session solely because of such person’s employ-
ment by or representation of the debtor before
the commencement of the case.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L.
98–353, title III, § 503, July 10, 1984, 98 Stat. 384.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
The House amendment adopts section 1107(b) of the
Senate amendment which clarifies a point not covered
by the House bill.
SENATE REPORT NO. 95–989
This section places a debtor in possession in the shoes
of a trustee in every way. The debtor is given the rights
and powers of a chapter 11 trustee. He is required to
perform the functions and duties of a chapter 11 trustee
(except the investigative duties). He is also subject to
any limitations on a chapter 11 trustee, and to such
other limitations and conditions as the court prescribes
cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).
Editorial Notes
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–353 substituted ‘‘on a
trustee serving in a case’’ for ‘‘on a trustee’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1109
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