11 U.S.C. § 305 — Abstention

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 163 words · no verdicts yet

in plain englishAI-generated · not legal advice

A bankruptcy court can dismiss or pause a case after notice and a hearing. It can do this if that would better serve creditors and the debtor, or if a foreign bankruptcy proceeding has already been recognized and dismissal fits chapter 15's goals. A foreign representative can ask for this, and the court's decision usually can't be appealed.

(a) After notice and a hearing, the court may dismiss a bankruptcy case, or pause all proceedings in it, at any time if (1) dismissing or pausing it would better serve the interests of creditors and the debtor; or (2)(A) a request to recognize a foreign bankruptcy proceeding under section 1515 has already been granted, and (B) dismissing or pausing the case would better serve the purposes of chapter 15. (b) A foreign representative may ask for dismissal or a pause under (a)(2). (c) A court's order dismissing or pausing a case under this section — or its decision not to — generally cannot be appealed. It cannot be reviewed by the court of appeals under section 158(d), 1291, or 1292 of title 28, or by the Supreme Court under section 1254 of title 28.

the actual law source: uscode.house.gov ↗public domain

(a)

The court, after notice and a hearing, may dismiss a case under this title, or may suspend all proceedings in a case under this title, at any time if—

(1)

the interests of creditors and the debtor would be better served by such dismissal or suspension; or

(2)

(A)

a petition under section 1515 for recognition of a foreign proceeding has been granted; and

(B)

the purposes of chapter 15 of this title would be best served by such dismissal or suspension.

(b)

A foreign representative may seek dismissal or suspension under subsection (a)(2) of this section.

(c)

An order under subsection (a) of this section dismissing a case or suspending all proceedings in a case, or a decision not so to dismiss or suspend, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 101–650, title III, § 309(a), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 102–198, § 5, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 109–8, title VIII, § 802(d)(6), Apr. 20, 2005, 119 Stat. 146.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-598 · 92 Stat. 2561
1990Amended · Pub. L. 101-650 · 104 Stat. 5113
1991Amended · Pub. L. 102-198 · 105 Stat. 1623
2005Amended · Pub. L. 109-8 · 119 Stat. 146

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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