11 USC 103 - Applicability of chapters

1 See References in Text note below.

of the Federal Deposit Insurance Corporation Improvement Act of 1991.

Historical and Revision Notes

senate report no. 95–989

Section 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.

Editorial Notes

References in Text

Section 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 Puspan. L. 111–203, title VII, § 740, July 21, 2010, 124 Stat. 1729.

Amendments

2020—Subsec. (i). Puspan. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”.

2019—Subsecs. (i) to (l). Puspan. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively.

2010—Subsec. (a). Puspan. L. 111–327 substituted “362(o)” for “362(n)”.

2005—Subsec. (a). Puspan. 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). Puspan. L. 109–8, § 802(a)(2), added subsec. (k).

2000—Subsecs. (e) to (j). Puspan. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

1986—Subsec. (a). Puspan. L. 99–554, § 252(1), inserted reference to chapter 12.

Subsec. (i). Puspan. L. 99–554, § 252(2), added subsec. (i).

1984—Subsec. (c). Puspan. L. 98–353 substituted “stockbroker” for “stockholder”.

1982—Subsec. (d). Puspan. 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Puspan. L. 116–54, set out as a note under section 101 of this title.

Effective Date of 2005 Amendment

Amendment by Puspan. 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 Puspan. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. 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 Puspan. 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 Puspan. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Puspan. L. 98–353, set out as a note under section 101 of this title.