11 U.S.C. § 103

Current through P.L. 116-145 (06/17/2020)
Section 103 - Applicability of chapters
(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.
(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.
(c) Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.
(d) Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.
(e) SCOPE OF APPLICATION.-Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 1 of the Federal Deposit Insurance Corporation Improvement Act of 1991.
(f) Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.
(g) Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.
(h) Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.
(i) Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a debtor (as defined in section 1182) elects that subchapter V of chapter 11 shall apply.
(j) Chapter 13 of this title applies only in a case under such chapter.
(k) Chapter 12 of this title applies only in a case under such chapter.
(l) Chapter 15 applies only in a case under such chapter, except that-
(1) sections 1505, 1513, and 1514 apply in all cases under this title; and
(2) section 1509 applies whether or not a case under this title is pending.

1 See References in Text note below.

11 U.S.C. § 103

Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97-222, §2, July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, §423, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II, §252, Oct. 27, 1986, 100 Stat. 3104; Pub. L. 106-554, §1(a)(5) [title I, §112(c)(5)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A-394; Pub. L. 109-8, title VIII, §802(a), Apr. 20, 2005, 119 Stat. 145; Pub. L. 111-327, §2(a)(2), Dec. 22, 2010, 124 Stat. 3557; Pub. L. 116-54, §4(a)(2), Aug. 23, 2019, 133 Stat. 1085; Pub. L. 116-136, div. A, title I, §1113(a)(2), Mar. 27, 2020, 134 Stat. 311.

HISTORICAL AND REVISION NOTES

SENATE REPORT NO. 95-989Section 103 prescribes which chapters of the proposed bankruptcy code apply in various cases. All cases, other than cases ancillary to foreign proceedings, are filed under chapter 7, 9, 11, or 13, the operative chapters of the proposed bankruptcy code. The general provisions that apply no matter which chapter a case is filed under are found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with an exception for chapter 9. The other provisions, which are self-explanatory, provide the special rules for Stockbroker Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad Reorganizations.

REFERENCES IN TEXTSection 25A of the Federal Reserve Act, referred to in subsec. (e), popularly known as the Edge Act, is classified to subchapter II (§611 et seq.) of chapter 6 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 12 and Tables.Section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in subsec. (e), was classified to section 4422 of Title 12, Banks and Banking, prior to repeal by Pub. L. 111-203, title VII, §740, July 21, 2010, 124 Stat. 1729.

AMENDMENTS2020-Subsec. (i). Pub. L. 116-136 substituted "debtor (as defined in section 1182)" for "small business debtor".2019-Subsecs. (i) to (l). Pub. L. 116-54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively.2010-Subsec. (a). Pub. L. 111-327 substituted "362(o)" for "362(n)".2005-Subsec. (a). Pub. L. 109-8, §802(a)(1), inserted ", and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15" before period.Subsec. (k). Pub. L. 109-8, §802(a)(2), added subsec. (k).2000-Subsecs. (e) to (j). Pub. L. 106-554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.1986-Subsec. (a). Pub. L. 99-554, §252(1), inserted reference to chapter 12.Subsec. (i). Pub. L. 99-554, §252(2), added subsec. (i).1984-Subsec. (c). Pub. L. 98-353 substituted "stockbroker" for "stockholder".1982-Subsec. (d). Pub. L. 97-222 struck out "except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant" after "concerning a commodity broker".

EFFECTIVE DATE OF 2019 AMENDMENTAmendment by Pub. L. 116-54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116-54 set out as a note under section 101 of this title.

EFFECTIVE DATE OF 2005 AMENDMENTAmendment 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 1986 AMENDMENTAmendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99-554 set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1984 AMENDMENTAmendment by Pub. L. 98-353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353 set out as a note under section 101 of this title.

commodity broker
The term "commodity broker" means futures commission merchant, foreign futures commission merchant, clearing organization, leverage transaction merchant, or commodity options dealer, as defined in section 761 of this title, with respect to which there is a customer, as defined in section 761 of this title.
debt
The term "debt" means liability on a claim.(12A) The term "debt relief agency" means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include-(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.
debtor
The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
forward contract merchant
The term "forward contract merchant" means a Federal reserve bank, or an entity the business of which consists in whole or in part of entering into forward contracts as or with merchants in a commodity (as defined in section 761) or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade.
railroad
The term "railroad" means common carrier by railroad engaged in the transportation of individuals or property or owner of trackage facilities leased by such a common carrier.
stockbroker
The term "stockbroker" means person-(A) with respect to which there is a customer, as defined in section 741 of this title; and(B) that is engaged in the business of effecting transactions in securities-(i) for the account of others; or(ii) with members of the general public, from or for such person's own account.
uninsured State member bank
The term "uninsured State member bank" means a State member bank (as defined in section 3 of the Federal Deposit Insurance Act) the deposits of which are not insured by the Federal Deposit Insurance Corporation.