Notes on 11 U.S.C. § 103 : US Code - Notes

Search Notes on 11 U.S.C. § 103 : US Code - Notes

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97-222, Sec.
2, July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, Sec.
423, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II, Sec.
252, Oct. 27, 1986, 100 Stat. 3104; Pub. L. 106-554, Sec. 1(a)(5)
[title I, Sec. 112(c)(5)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
394; Pub. L. 109-8, title VIII, Sec. 802(a), Apr. 20, 2005, 119
Stat. 145.)
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
2005 - Subsec. (a). Pub. L. 109-8, Sec. 802(a)(1), inserted ",
and this chapter, sections 307, 362(n), 555 through 557, and 559
through 562 apply in a case under chapter 15" before period.
Subsec. (k). Pub. L. 109-8, Sec. 802(a)(2), added subsec. (k).
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 2005 AMENDMENT
Amendment by Pub. L. 109-8 effective 180 days after Apr. 20,
2005, and not applicable with respect to cases commenced under this
title before such effective date, except as otherwise provided, see
section 1501 of Pub. L. 109-8, set out as a note under section 101
of this title.
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.