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11 U.S.C. § 102Rules of construction

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

This section explains how to read certain phrases used throughout the bankruptcy code (this title). (1) "After notice and a hearing," or a similar phrase: (A) means whatever notice fits the situation, and whatever chance for a hearing fits the situation; but (B) still allows an act to happen without an actual hearing if proper notice was given and either (i) no interested party asked for a hearing in time, or (ii) there isn't enough time to hold a hearing before the act must happen, and the court allows the act anyway. (2) "Claim against the debtor" also includes a claim against the debtor's property. (3) The words "includes" and "including" are not limiting — they don't shut out other things not named. (4) "May not" means something is forbidden, not just optional. (5) "Or" is not exclusive — it doesn't rule out both options being true. (6) "Order for relief" means the entry (the official recording) of an order for relief. (7) Singular words include the plural. (8) If one section of this title defines a term by referring to another section, that reference does not change how the term is used in that other section. (9) "United States trustee" also includes anyone the United States trustee designates to act for them.
the actual law source: uscode.house.gov ↗public domain

In this title—

(1)

“after notice and a hearing”, or a similar phrase—

(A)

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

(B)

authorizes an act without an actual hearing if such notice is given properly and if—

(i)

such a hearing is not requested timely by a party in interest; or

(ii)

there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act;

(2)

claim against the debtor” includes claim against property of the debtor;

(3)

“includes” and “including” are not limiting;

(4)

“may not” is prohibitive, and not permissive;

(5)

“or” is not exclusive;

(6)

“order for relief” means entry of an order for relief;

(7)

the singular includes the plural;

(8)

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

(9)

“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.)

history & why it existsrecord from the source credit
  • 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.

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