11 U.S.C. § 558 — Defenses of the estate
submitted 42 years ago by Pub. L. 98-353 to r/title-11-BANKRUPTCY · 53 words · no verdicts yet
The bankruptcy estate receives any defense the debtor could use against an entity other than the estate, including limitation, frauds, usury, and other personal defenses. A debtor’s postpetition waiver of such a defense does not bind the estate.
The estate receives the benefit of every defense the debtor* could use against an entity* other than the estate, including statutes of limitation, statutes of frauds, usury laws, and other personal defenses. If the debtor waives one of these defenses after the case begins, that waiver does not bind the estate.
The estate shall have the benefit of any defense available to the debtor* as against any entity* other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
Source credit: (Added Pub. L. 98–353, title III, § 470(a), July 10, 1984, 98 Stat. 380.)
- 1984Enacted · Pub. L. 98-353 · 98 Stat. 380
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-353 on 1984-07-10.
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