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11 U.S.C. § 105 — Power of court

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

11 U.S.C. § 105 — Power of court

**(a)** The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process. **(b)** Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title. **(c)** The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation. **(d)** The court, on its own motion or on the request of a party in interest— (1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and (2) unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that— (A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or (B) in a case under chapter 11 of this title— (i) sets a date by which the debtor, or trustee if one has been appointed

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Source file: Laws/federal/codes/united-states-code/title-11/section-105-power-of-court--659be48b0f.md
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Source location: Title 11, Chapter 1, § 105; chapter-001-general-provisions.md

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**(a)** The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process. **(b)** Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title. **(c)** The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation. **(d)** The court, on its own motion or on the request of a party in interest— (1) shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and (2) unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that— (A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or (B) in a case under chapter 11 of this title— (i) sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan; (ii) sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan; (iii) sets the date by which a party in interest other than a debtor may file a plan; (iv) sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan; (v) fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or (vi) provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.

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

28 U.S.C. § 151 — Designation of bankruptcy courts

In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court.

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

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

28 U.S.C. § 2283 — Stay of State court proceedings

A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.

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

11 U.S.C. § 105 — Power of court

Page 33 TITLE 11—BANKRUPTCY § 105 11 U.S.C. Dollar amount to be adjusted New (ad- justed) dol- lar amount 1 (3)—in paragraph (3) ................. $625 ............ $13,400 ........ $700 $14,875. (4)—in paragraph (4) ................. $1,700 ......... $1,875. (5)—in paragraph (5) ................. $1,325 ......... $12,575 ........ $1,475 $13,950. (6)—in paragraph (6) ................. $2,525 ......... $2,800. (7)—in paragraph (8) ................. $13,400 ........ $14,875. (8)—in paragraph (11)(D) ........... $25,150 ........ $27,900. Section 522(f)(3)—exception to lien avoidance under certain state laws. $6,825 ......... $7,575. Section 522(f)(4)—items excluded from definition of household goods for lien avoidance purposes. $725 (each time it appears). $800 (each time it ap- pears). Section 522(n)—maximum aggre- gate value of assets in individual retirement accounts exempted. $1,362,800 .... $1,512,350. Section 522(p)—state homestead ex- emption, limit for interest ac- quired 1215 days before filing. $170,350 ...... $189,050. Section 522(q)—state homestead ex- emption, limit under particular circumstances. $170,350 ...... $189,050. Section 523(a)(2)(C)—exceptions to discharge—presumption of nondischargeability: (1)—in paragraph (i)(I)—con- sumer debts for luxury goods or services incurred < 90 days before filing owed to a single creditor in the aggregate. $725 ............ $800. (2)—in paragraph (i)(II)—cer- tain cash advances obtained < 70 days before filing, in the aggregate. $1,000 ......... $1,100. Section 541(b)—certain property of the estate exclusion limits. $6,825 (each time it appears). $7,575 (each time it ap- pears). Section 547(c)(9)—minimum pref- erence avoidance value in cases with primarily non-consum

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