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11 U.S.C. § 1101 — Definitions for this chapter
Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “debtor in possession” means debtor except when a person that has qualified under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim) is serving as trustee in the case;
(2) “substantial consummation” means—
(A) transfer of all or substantially all of the property proposed by the plan to be transferred;
(B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and
(C) commencement of distribution under the plan.
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Source file: Laws/federal/codes/united-states-code/title-11/section-1101-definitions-for-this-chapter--189e6ba842.md
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Source location: Title 11, Chapter 11, § 1101; chapter-011-reorganization.md
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In this chapter—
(1) “debtor in possession” means debtor except when a person that has qualified under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim) is serving as trustee in the case;
(2) “substantial consummation” means—
(A) transfer of all or substantially all of the property proposed by the plan to be transferred;
(B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and
(C) commencement of distribution under the plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.
**(b)**
(1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title.
(2) The United States trustee shall determine—
(A) the amount of a bond required to be filed under subsection (a) of this section; and
(B) the sufficiency of the surety on such bond.
**(c)** A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor.
**(d)** A proceeding on a trustee’s bond may not be commenced after two years after the date on which such trustee was discharged.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to [section 156(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section156/b&num=0&edition=prelim), the following filing fees:
(1) For a case commenced under—
(A) chapter 7 of title 11, $245, and
(B) chapter 13 of title 11, $235.
(2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under [section 1931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1931&num=0&edition=prelim).
(3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in [section 101 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim), $1,167.
(4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000.
(5) For a case commenced under chapter 12 of title 11, $200.
(6)
(A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75
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Federal law — U.S. Code and appendices · legal_authorities
Page 239
TITLE 11—BANKRUPTCY
§ 1102
SUBCHAPTER I—OFFICERS AND
ADMINISTRATION
§ 1101. Definitions for this chapter
In this chapter—
(1) ‘‘debtor in possession’’ means debtor ex-
cept when a person that has qualified under
section 322 of this title is serving as trustee in
the case;
(2) ‘‘substantial consummation’’ means—
(A) transfer of all or substantially all of
the property proposed by the plan to be
transferred;
(B) assumption by the debtor or by the
successor to the debtor under the plan of the
business or of the management of all or sub-
stantially all of the property dealt with by
the plan; and
(C) commencement of distribution under
the plan.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2626.)
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95–989
This section contains definitions of three terms that
are used in chapter 11. Paragraph (1) defines debtor in
possession to mean the debtor, except when a trustee
who has qualified in serving in the case.
Paragraph (2), derived from section 229a of current
law [section 629(a) of former title 11], defines substan-
tial consummation. Substantial consummation of a
plan occurs when transfer of all or substantially all of
the property proposed by the plan to be transferred is
actually transferred; when the debtor (or its successor)
has assumed the business of the debtor or the manage-
ment of all or substantially all of the property dealt
with by the plan; and when distribution under the plan
has commenced.
Paragraph (3) defines for purposes of Chapter 11 a
public company to mean ‘‘a debtor who, within 12
months prior to the filing of a petition for relief under
this chapter, had outstanding liabilities of $5 million or
more, exclusive of liabilities for goods, services, or
taxes and not less than
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1101
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