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11 U.S.C. § 926 — Avoiding powers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the debtor refuses to pursue a cause of action under section 544, 545, 547, 548, 549(a), or 550 of this title, then on request of a creditor, the court may appoint a trustee to pursue such cause of action.
**(b)** A transfer of property of the debtor to or for the benefit of any holder of a bond or note, on account of such bond or note, may not be avoided under [section 547 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section547&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-11/section-926-avoiding-powers--6728450745.md
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Source location: Title 11, Chapter 9, § 926; chapter-009-adjustment-of-debts-of-a-municipality.md
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**(a)** If the debtor refuses to pursue a cause of action under section 544, 545, 547, 548, 549(a), or 550 of this title, then on request of a creditor, the court may appoint a trustee to pursue such cause of action.
**(b)** A transfer of property of the debtor to or for the benefit of any holder of a bond or note, on account of such bond or note, may not be avoided under [section 547 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section547&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section—
(1) “inventory” means personal property leased or furnished, held for sale or lease, or to be furnished under a contract for service, raw materials, work in process, or materials used or consumed in a business, including farm products such as crops or livestock, held for sale or lease;
(2) “new value” means money or money’s worth in goods, services, or new credit, or release by a transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the debtor or the trustee under any applicable law, including proceeds of such property, but does not include an obligation substituted for an existing obligation;
(3) “receivable” means right to payment, whether or not such right has been earned by performance; and
(4) a debt for a tax is incurred on the day when such tax is last payable without penalty, including any extension.
**(b)** Except as provided in subsections (c) and (i) of this section, the trustee may, based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably knowable affirmative defenses under subsection (c), avoid any transfer of an interest of the debtor in property—
(1) to or for the benefit of a creditor;
(2) for or on account of an antecedent debt owed by the debtor before such transfer was made;
(3) made while the debtor was insolvent;
(4) made—
(A) on or within 90 days before the date of the filing of the petition; or
(B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and
(5) that enables such creditor to receive more than such creditor would receive if—
(A) the case were a case under chapter 7 of this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 547
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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
In this chapter—
(1) “property of the estate”, when used in a section that is made applicable in a case under this chapter by section 103(e) 11 See References in Text note below. or 901 of this title, means property of the debtor;
(2) “special revenues” means—
(A) receipts derived from the ownership, operation, or disposition of projects or systems of the debtor that are primarily used or intended to be used primarily to provide transportation, utility, or other services, including the proceeds of borrowings to finance the projects or systems;
(B) special excise taxes imposed on particular activities or transactions;
(C) incremental tax receipts from the benefited area in the case of tax-increment financing;
(D) other revenues or receipts derived from particular functions of the debtor, whether or not the debtor has other functions; or
(E) taxes specifically levied to finance one or more projects or systems, excluding receipts from general property, sales, or income taxes (other than tax-increment financing) levied to finance the general purposes of the debtor;
(3) “special tax payer” means record owner or holder of legal or equitable title to real property against which a special assessment or special tax has been levied the proceeds of which are the sole source of payment of an obligation issued by the debtor to defray the cost of an improvement relating to such real property;
(4) “special tax payer affected by the plan” means special tax payer with respect to whose real property the plan proposes to increase the proportion of special assessments or special taxes referred to in paragraph (2) of this section assessed against such real property; and
(5) “trustee”, when used in a section that is made applicable in a case under this chapter by section
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sections applicable to cases under this subchapter** Sections 101 (except as otherwise provided in this section), 102, 104, 105, 106, 107, 108, 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 902 (except as otherwise provided in this section), 922, 923, 924, 925, 926, 927, 928, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a) of title 11 apply in a case under this subchapter and [section 930 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section930&num=0&edition=prelim) applies in a case under this subchapter; however, section 930 shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.
**(b) Meanings of terms** A term used in a section of title 11, made applicable in a case under this subchapter by subsection (a), has the meaning given to the term for the purpose of the applicable section, unless the term is otherwise defined in this subchapter.
**(c) Definitions** In this subchapter:
(1) **Affiliate** — The term “affiliate” means, in addition to the definition made applicable in a case under this subchapter by subsection (a)—
(A) for a territory, any territorial instrumentality; and
(B) for a territorial instrumentality, the governing territ
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 2167
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compensation for services rendered and reimbursement for expenses** After notice to the parties in interest and the United States Trustee and a hearing, the court may award to a professional person employed by the debtor (in the debtor’s sole discretion), the Oversight Board (in the Oversight Board’s sole discretion), a committee under [section 1103 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1103&num=0&edition=prelim), or a trustee appointed by the court under [section 926 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section926&num=0&edition=prelim)—
(1) reasonable compensation for actual, necessary services rendered by the professional person, or attorney and by any paraprofessional person employed by any such person; and
(2) reimbursement for actual, necessary expenses.
**(b) Award of compensation less than amount requested** The court may, on its own motion or on the motion of the United States Trustee or any other party in interest, award compensation that is less than the amount of compensation that is requested.
**(c) Factors considered** In determining the amount of reasonable compensation to be awarded to a professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including—
(1) the time spent on such services;
(2) the rates charged for such services;
(3) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this chapter; 11 See References in Text note below.
(4) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance,
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Federal law — U.S. Code and appendices · legal_authorities
A debtor’s attorney, or any professional person employed by the debtor (in the debtor’s sole discretion), the Oversight Board (in the Oversight Board’s sole discretion), a committee under [section 1103 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1103&num=0&edition=prelim), or a trustee appointed by the court under [section 926 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section926&num=0&edition=prelim), may apply to the court not more than once every 120 days after an order for relief in a case under this subchapter, or more often if the court permits, for such compensation for services rendered before the date of such an application or reimbursement for expenses incurred before such date as is provided under [section 2176 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2176&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 2195
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Federal law — U.S. Code and appendices · legal_authorities
Page 232
TITLE 11—BANKRUPTCY
§ 925
405(b) of former title 11]. The Rules, in Rule 9–7, copy
the provisions of section 85(b), with additional matter.
As noted above, section 405(d) of title IV will continue
those Rules in effect. Because the form, time of filing,
and nature of the list, are procedural matters that may
call for some flexibility, those details have been left to
the Rules.
§ 925. Effect of list of claims
A proof of claim is deemed filed under section
501 of this title for any claim that appears in the
list filed under section 924 of this title, except a
claim that is listed as disputed, contingent, or
unliquidated.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2623.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 925 of the Senate amendment regarding venue
and fees has been deleted.
SENATE REPORT NO. 95–989
Section 926 [enacted as section 925] follows the policy
contained in section 88(a) of the present Act [section
408(a) of former title 11], though certain details are left
to the Rules. The language of section 926 is the same as
that of proposed 11 U.S.C. 1111, which applies in chapter
11 cases. The list of creditors filed under section 924 is
given weight as prima facie evidence of the claims list-
ed (except claims that are listed as disputed, contin-
gent, or unliquidated), which are deemed filed under
section 501, obviating the need for listed creditors to
file proofs of claim.
§ 926. Avoiding powers
(a) If the debtor refuses to pursue a cause of
action under section 544, 545, 547, 548, 549(a), or
550 of this title, then on request of a creditor,
the court may appoint a trustee to pursue such
cause of action.
(b) A transfer of property of the debtor to or
for the benefit of any holder of a bond or note,
on ac
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 926
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