11 U.S.C. § 102 — Rules of construction
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 191 words · no verdicts yet
This section explains how to read certain words used throughout the bankruptcy code. For example, "after notice and a hearing" does not always require an actual hearing, and words like "includes" are not limiting lists.
In this title—
“after notice and a hearing”, or a similar phrase—
means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but
authorizes an act without an actual hearing if such notice is given properly and if—
such a hearing is not requested timely by a party in interest; or
there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act;
“claim* against the debtor*” includes claim against property of the debtor;
“includes” and “including” are not limiting;
“may not” is prohibitive, and not permissive;
“or” is not exclusive;
“order for relief” means entry of an order for relief;
the singular includes the plural;
a definition, contained in a section of this title that refers to another section of this title, does not, for the purpose of such reference, affect the meaning of a term used in such other section; and
“United States trustee” includes a designee of the United States trustee.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2554; Pub. L. 98–353, title III, § 422, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 202, Oct. 27, 1986, 100 Stat. 3097.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2554
- 1984Amended · Pub. L. 98-353 · 98 Stat. 369
- 1986Amended · Pub. L. 99-554 · 100 Stat. 3097
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case