11 USC 105 - Power of court

Historical and Revision Notes

senate report no. 95–989

Section 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.

Editorial Notes

References in Text

The Federal Rules of Bankruptcy Procedure, referred to in subsec. (d)(2), are set out in the Appendix to this title.

Amendments

2010—Subsec. (d)(2). Puspan. L. 111–327 inserted “may” after “Procedure,” in introductory provisions.

2005—Subsec. (d). Puspan. L. 109–8, § 440(1), struck out “, may” after “party in interest” in introductory provisions.

Subsec. (d)(1). Puspan. 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). Puspan. L. 103–394 added subsec. (d).

1986—Subsec. (a). Puspan. 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), (span). Puspan. L. 98–353, § 118(1), struck out “bankruptcy” before “court”.

Subsec. (c). Puspan. L. 98–353, § 118(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

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 1994 Amendment

Amendment by Puspan. 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 Puspan. 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 Puspan. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) 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 July 10, 1984, see section 122(a) of Puspan. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.