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28 U.S.C. § 959 — Trustees and receivers suable; management; State laws
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
**(b)** Except as provided in [section 1166 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1166&num=0&edition=prelim), a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
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Source file: Laws/federal/codes/united-states-code/title-28/section-959-trustees-and-receivers-suable-management-state-laws--27ed6e69aa.md
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Source location: Title 28, Chapter 57, § 959; chapter-057-general-provisions-applicable-to-court-officers-and-employees.md
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**(a)** Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
**(b)** Except as provided in [section 1166 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1166&num=0&edition=prelim), a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
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Federal law — U.S. Code and appendices · legal_authorities
Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 124
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Utah constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Box Elder, Cache, Davis, Morgan, Rich, and Weber.Court for the Northern Division shall be held at Salt Lake City and Ogden.
(2) The Central Division comprises the counties of Beaver, Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, and Wayne.Court for the Central Division shall be held at Salt Lake City, Provo, St. George, Moab, and Monticello..11 So in original.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 125
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Federal law — U.S. Code and appendices · legal_authorities
Except with respect to abandonment under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, being a receiver, trustee, or manager in possession of any property in any cause pending in any court of the United States, willfully fails to manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof, shall be fined under this title or imprisoned not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1911
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Federal law — U.S. Code and appendices · legal_authorities
Page 338
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 957
title 28, U.S.C., 1940 ed., that the clerk of each circuit
court of appeals ‘‘shall exercise the same powers and
perform the same duties * * * as are exercised and per-
formed by the clerk of the Supreme Court, so far as the
same may be applicable.’’
This section is new insofar as it affects the Clerk of
the Supreme Court and clerks of the district courts and
the Customs Court. Existing law does not prescribe the
powers and duties of those clerks. The duties of the
clerk of the Customs Court have been prescribed by the
rules of such court adopted May 29, 1936.
Changes were made in phraseology.
§ 957. Clerks ineligible for certain offices
A clerk of a court or any of his deputies shall
not be appointed a commissioner, master, ref-
eree or receiver in any case, unless there are
special reasons requiring such appointment
which are recited in the order of appointment.
(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95–598,
title II, § 234, Nov. 6, 1978, 92 Stat. 2667; Pub. L.
97–164, title I, § 122(b), Apr. 2, 1982, 96 Stat. 36;
Pub. L. 98–353, title I, § 109, July 10, 1984, 98 Stat.
342.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 127, 304 (Mar. 3,
1911, ch. 231, §§ 68, 191, 36 Stat. 1105, 1144).
Section consolidates section 127 with part of 304 of
title 28, U.S.C., 1940 ed.
Provisions of section 304 of title 28, U.S.C., 1940 ed.,
relating to appointment, powers, duties, and compensa-
tion of the clerk of the Court of Customs and Patent
Appeals, and table of fees are incorporated in sections
604, 831, 956 and 1926 of this title.
Appointment and compensation of masters for dis-
trict courts, see Rule 53(a) of the Federal Rules of Civil
Procedure.
The words ‘‘com
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 959
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