11 U.S.C. § 304 — Untitled legal text

Page 50 TITLE 11—BANKRUPTCY [§ 304 Subsec. (g). Pub. L. 99–554, § 204(1), substituted ‘‘may order the United States trustee to appoint’’ for ‘‘may appoint’’. Subsec. (h)(1). Pub. L. 99–554, § 283(b)(2), substituted ‘‘are the’’ for ‘‘that are the’’. Subsec. (i)(1). Pub. L. 99–554, § 204(2), inserted ‘‘or’’ at end of subpar. (A) and struck out subpar. (C) which read as follows: ‘‘any damages proximately caused by the taking of possession of the debtor’s property by a trust- ee appointed under subsection (g) of this section or sec- tion 1104 of this title; or’’. 1984—Subsec. (b). Pub. L. 98–353, § 426(a), inserted ‘‘against a person’’ after ‘‘involuntary case’’. Subsec. (b)(1). Pub. L. 98–353, § 426(b)(1), inserted ‘‘or the subject on a bona fide dispute,’’. Subsec. (h)(1). Pub. L. 98–353, § 426(b)(2), inserted ‘‘un- less such debts that are the subject of a bona fide dis- pute’’. Subsec. (j)(2). Pub. L. 98–353, § 427, substituted ‘‘debt- or’’ for ‘‘debtors’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–8, title XII, § 1234(b), Apr. 20, 2005, 119 Stat. 204, provided that: ‘‘This section [amending this sec- tion] and the amendments made by this section shall take effect on the date of the enactment of this Act [Apr. 20, 2005] and shall apply with respect to cases commenced under title 11 of the United States Code be- fore, on, and after such date.’’ Amendment by sections 332(b) and 802(d)(2) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not appli- cable with respect to cases commenced under this title before such effective date, except as otherwise pro- vided, 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 sec- tion 204 of Pub. L. 99–554 dependent upon the judicial district involved, 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. Amendment by section 254 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see sec- tion 302(a), (c)(1) of Pub. L. 99–554. Amendment by section 283 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by sections 426(a) and 427 of Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, and amendment by section 426(b) of Pub. L. 98–353 effective July 10, 1984, see section 552(a), (b) of Pub. L. 98–353, set out as a note under section 101 of this title. Court Rules and Judicial Documents ADJUSTMENT OF DOLLAR AMOUNTS The dollar amounts specified in this section were ad- justed by notices of the Judicial Conference of the United States pursuant to section 104 of this title as follows: By notice dated Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in subsec. (b)(1), (2), dollar amount ‘‘16,750’’ was adjusted to ‘‘18,600’’. See notice of the Judicial Conference of the United States set out as a note under section 104 of this title. By notice dated Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in subsec. (b)(1), (2), dollar amount ‘‘15,775’’ was adjusted to ‘‘16,750’’. By notice dated Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in subsec. (b)(1), (2), dollar amount ‘‘15,325’’ was adjusted to ‘‘15,775’’. By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in subsec. (b)(1), (2), dollar amount ‘‘14,425’’ was adjusted to ‘‘15,325’’. By notice dated Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in subsec. (b)(1), (2), dollar amount ‘‘13,475’’ was adjusted to ‘‘14,425’’. By notice dated Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, in subsec. (b)(1), (2), dollar amount ‘‘12,300’’ was adjusted to ‘‘13,475’’. By notice dated Feb. 18, 2004, 69 F.R. 8482, effective Apr. 1, 2004, in subsec. (b)(1), (2), dollar amount ‘‘11,625’’ was adjusted to ‘‘12,300’’. By notice dated Feb. 13, 2001, 66 F.R. 10910, effective Apr. 1, 2001, in subsec. (b)(1), (2), dollar amount ‘‘10,775’’ was adjusted to ‘‘11,625’’. By notice dated Feb. 3, 1998, 63 F.R. 7179, effective Apr. 1, 1998, in subsec. (b)(1), (2), dollar amount ‘‘10,000’’ was adjusted to ‘‘10,775’’. [§ 304. Repealed. Pub. L. 109–8, title VIII, § 802(d)(3), Apr. 20, 2005, 119 Stat. 146] Section, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2560, re- lated to cases ancillary to foreign proceedings. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 an Effective Date of 2005 Amendment note under section 101 of this title. § 305. Abstention (a) The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if— (1) the interests of creditors and the debtor would be better served by such dismissal or suspension; or (2)(A) a petition under section 1515 for rec- ognition of a foreign proceeding has been granted; and (B) the purposes of chapter 15 of this title would be best served by such dismissal or sus- pension. (b) A foreign representative may seek dis- missal or suspension under subsection (a)(2) of this section. (c) An order under subsection (a) of this sec- tion dismissing a case or suspending all pro- ceedings in a case, or a decision not so to dis- miss or suspend, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 101–650, title III, § 309(a), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 102–198, § 5, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 109–8, title VIII, § 802(d)(6), Apr. 20, 2005, 119 Stat. 146.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 A principle of the common law requires a court with jurisdiction over a particular matter to take jurisdic-