28 U.S.C. § 2256

Current through P.L. 117-214 (published on www.congress.gov on 10/19/2022)
Section 2256 - Omitted

28 U.S.C. § 2256

CODIFICATIONSection, added Pub. L. 95-598, title II, §250(a), Nov. 6, 1978, 92 Stat. 2672, did not become effective pursuant to section 402(b) of Pub. L. 95-598 as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Section read as follows:

§2256. Habeas corpus from bankruptcy courtsA bankruptcy court may issue a writ of habeas corpus-(1) when appropriate to bring a person before the court-(A) for examination;(B) to testify; or(C) to perform a duty imposed on such person under this title; or (2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if- (A) such debtor was arrested or imprisoned on process in any civil action;(B) such process was issued for the collection of a debt-(i) dischargeable under title 11; or (ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and(C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ.


PRIOR PROVISIONSA prior section 2256, added Pub. L. 95-144, §3, Oct. 28, 1977, 91 Stat. 1220, related to jurisdiction of proceedings relating to transferred offenders, prior to transfer to section 3244 of Title 18, Crimes and Criminal Procedure, by Pub. L. 95-598, title III, §314(j), Nov. 6, 1978, 92 Stat. 2677.