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-consumer debts. $6,825 ......... $7,575. Section 707(b)—dismissal of a chap- ter 7 case or conversion to chap- ter 11 or 13 (means test): (1)—in paragraph (2)(A)(i)(I) ..... $8,175 ......... $9,075. (2)—in paragraph (2)(A)(i)(II) .... $13,650 ........ $15,150. (3)—in paragraph (2)(A)(ii)(IV) $2,050 ......... $2,275. (4)—in paragraph (2)(B)(iv)(I) ... $8,175 ......... $9,075. (5)—in paragraph (2)(B)(iv)(II) .. $13,650 ........ $15,150. (6)—in paragraph (5)(B) ............. $1,375 ......... $1,525. (7)—in paragraph (6)(C) ............. $750 ............ $825. (8)—in paragraph (7)(A)(iii) ...... $750 ............ $825. Section 1322(d)—length of chapter 13 plan, current monthly income, 4+ household. $750 (each time it appears). $825 (each time it ap- pears). Section 1325(b)—confirmation of chapter 13 plan, current monthly income, 4+ household. $750 (each time it appears). $825 (each time it ap- pears). Section 1326(b)(3)—payments to former chapter 7 trustee. $25 ............. $25. 1 The New (Adjusted) Dollar Amounts reflect a 10.97347880254584 percent increase, rounded to the nearest $25. Similar notices by the Judicial Conference of the United States adjusting the dollar amounts in provi- sions specified in subsec. (a) of this section were con- tained in the following: Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019. Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016. Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013. Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010. Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007. Feb. 18, 2004, 69 F.R. 8482, effective Apr. 1, 2004. Feb. 13, 2001, 66 F.R. 10910, effective Apr. 1, 2001. Feb. 3, 1998, 63 F.R. 7179, effective Apr. 1, 1998. § 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 provi- sion 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 or- ders or rules, or to prevent an abuse of process. (b) Notwithstanding subsection (a) of this sec- tion, 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 exer- cise any of the authority or responsibilities con- ferred upon the court under this title shall be determined by reference to the provisions relat- ing to such judge, officer, or employee set forth in title 28. This subsection shall not be inter- preted 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 re- quest of a party in interest— (1) shall hold such status conferences as are necessary to further the expeditious and eco- nomical resolution of the case; and (2) unless inconsistent with another provi- sion 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 so- licit acceptances of a plan; (iii) sets the date by which a party in in- terest 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 no- tice to be provided regarding the hearing on approval of the disclosure statement; or (vi) provides that the hearing on ap- proval of the disclosure statement may be combined with the hearing on confirma- tion of the plan. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 98–353, title I, § 118, July 10, 1984, 98 Stat. 344; Pub. L. 99–554, title II, § 203, Oct. 27, 1986, 100 Stat. 3097; Pub. L. 103–394, title I, § 104(a), Oct. 22, 1994, 108 Stat. 4108; Pub. L. 109–8, title IV, § 440, Apr. 20, 2005, 119 Stat. 114; Pub. L. 111–327, § 2(a)(3), Dec. 22, 2010, 124 Stat. 3557.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 Section 105 is derived from section 2a (15) of present law [section 11(a)(15) of former title 11], with two changes. First, the limitation on the power of a bank- ruptcy judge (the power to enjoin a court being re- served to the district judge) is removed as inconsistent with the increased powers and jurisdiction of the new bankruptcy court. Second, the bankruptcy judge is pro- hibited from appointing a receiver in a case under title Page 34 TITLE 11—BANKRUPTCY § 106 11 under any circumstances. The bankruptcy code has ample provision for the appointment of a trustee when needed. Appointment of a receiver would simply cir- cumvent the established procedures. This section is also an authorization, as required under 28 U.S.C. 2283, for a court of the United States to stay the action of a State court. As such, Toucey v. New York Life Insurance Company, 314 U.S. 118 (1941), is over- ruled. Editorial Notes REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in subsec. (d)(2), are set out in the Appendix to this title. AMENDMENTS 2010—Subsec. (d)(2). Pub. L. 111–327 inserted ‘‘may’’ after ‘‘Procedure,’’ in introductory provisions. 2005—Subsec. (d). Pub. L. 109–8, § 440(1), struck out ‘‘, may’’ after ‘‘party in interest’’ in introductory pro- visions. Subsec. (d)(1). Pub. L. 109–8, § 440(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and’’. 1994—Subsec. (d). Pub. L. 103–394 added subsec. (d). 1986—Subsec. (a). Pub. L. 99–554 inserted at end ‘‘No provision of this title providing for the raising of an issue by a party in interest shall be construed to pre- clude 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 pre- vent an abuse of process.’’ 1984—Subsecs. (a), (b). Pub. L. 98–353, § 118(1), struck out ‘‘bankruptcy’’ before ‘‘court’’. Subsec. (c). Pub. L. 98–353, § 118(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district in- volved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an Effec- tive Date note under section 151 of Title 28, Judiciary and Judicial Procedure. § 106. Waiver of sovereign immunity (a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following: (1) Sections 105, 106, 107, 108, 303, 346, 362, 363, 364, 365, 366, 502, 503, 505, 506, 510, 522, 523, 524, 525, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 722, 724, 726, 744, 749, 764, 901, 922, 926, 928, 929, 944, 1107, 1141, 1142, 1143, 1146, 1201, 1203, 1205, 1206, 1227, 1231, 1301, 1303, 1305, and 1327 of this title. (2) The court may hear and determine any issue arising with respect to the application of such sections to governmental units. (3) The court may issue against a govern- mental unit an order, process, or judgment under such sections or the Federal Rules of Bankruptcy Procedure, including an order or judgment awarding a money recovery, but not including an award of punitive damages. Such order or judgment for costs or fees under this title or the Federal Rules of Bankruptcy Pro- cedure against any governmental unit shall be consistent with the provisions and limitations of section 2412(d)(2)(A) of title 28. (4) The enforcement of any such order, proc- ess, or judgment against any governmental unit shall be consistent with appropriate non- bankruptcy law applicable to such govern- mental unit and, in the case of a money judg- ment against the United States, shall be paid as if it is a judgment rendered by a district court of the United States. (5) Nothing in this section shall create any substantive claim for relief or cause of action not otherwise existing under this title, the Federal Rules of Bankruptcy Procedure, or nonbankruptcy law. (b) A governmental unit that has filed a proof of claim in the case is deemed to have waived sovereign immunity with respect to a claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which the claim of such governmental unit arose. (c) Notwithstanding any assertion of sovereign immunity by a governmental unit, there shall be offset against a claim or interest of a govern- mental unit any claim against such govern- mental unit that is property of the estate. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 103–394, title I, § 113, Oct. 22, 1994, 108 Stat. 4117; Pub. L. 111–327, § 2(a)(4), Dec. 22, 2010, 124 Stat. 3557.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 106(c) relating to sovereign immunity is new. The provision indicates that the use of the term ‘‘cred- itor,’’ ‘‘entity,’’ or ‘‘governmental unit’’ in title 11 ap- plies to governmental units notwithstanding any asser- tion of sovereign immunity and that an order of the court binds governmental units. The provision is in- cluded to comply with the requirement in case law that an express waiver of sovereign immunity is required in order to be effective. Section 106(c) codifies In re Gwilliam, 519 F.2d 407 (9th Cir., 1975), and In re Dolard, 519 F.2d 282 (9th Cir., 1975), permitting the bankruptcy court to determine the amount and dischargeability of tax liabilities owing by the debtor or the estate prior to or during a bankruptcy case whether or not the gov- ernmental unit to which such taxes are owed files a proof of claim. Except as provided in sections 106(a) and (b), subsection (c) is not limited to those issues, but permits the bankruptcy court to bind governmental units on other matters as well. For example, section 106(c) permits a trustee or debtor in possession to as- sert avoiding powers under title 11 against a govern-