11 U.S.C. § 105
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95-989Section 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 bankruptcy judge (the power to enjoin a court being reserved to the district judge) is removed as inconsistent with the increased powers and jurisdiction of the new bankruptcy court. Second, the bankruptcy judge is prohibited from appointing a receiver in a case under title 11 under any circumstances. The bankruptcy code has ample provision for the appointment of a trustee when needed. Appointment of a receiver would simply circumvent 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 overruled.
REFERENCES IN TEXTThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (d)(2), are set out in the Appendix to this title.
AMENDMENTS2010-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 provisions.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 preclude 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 prevent 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 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 1994 AMENDMENTAmendment 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 AMENDMENTEffective date and applicability of amendment by 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.
EFFECTIVE DATE OF 1984 AMENDMENTAmendment by Pub. L. 98-353 effective July 10, 1984, see section 122(a) of Pub. L. 98-353 set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.
- 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.