11 USC 103 - Sec. 103. Applicability of chapters
11 USC - U.S. Code - Title 11: Bankruptcy (January 2004)
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(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. (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 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) Chapter 13 of this title applies only in a case under such chapter. (j) Chapter 12 of this title applies only in a case under such chapter.
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.
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 (Sec. 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), is classified to section 4422 of Title 12, Banks and Banking.
Amendments
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, Sec. 252(1), inserted reference to chapter 12. Subsec. (i). Pub. L. 99-554, Sec. 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 1986 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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.
Section Referred To In Other Sections
This section is referred to in sections 901, 902, 943 of this title.
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