Notes on 11 U.S.C. § 105 : US Code - Notes

Search Notes on 11 U.S.C. § 105 : US Code - Notes

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 98-353, title
I, Sec. 118, July 10, 1984, 98 Stat. 344; Pub. L. 99-554, title II,
Sec. 203, Oct. 27, 1986, 100 Stat. 3097; Pub. L. 103-394, title I,
Sec. 104(a), Oct. 22, 1994, 108 Stat. 4108; Pub. L. 109-8, title
IV, Sec. 440, Apr. 20, 2005, 119 Stat. 114.)
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95-989
Section 105 is derived from section 2a (15) of present law
[section 11(a)(15) of former title 11], with two changes. First,
the limitation on the power of a bankruptcy judge (the power to
enjoin a court being reserved to the district judge) is removed as
inconsistent with the increased powers and jurisdiction of the new
bankruptcy court. Second, the bankruptcy judge is prohibited from
appointing a receiver in a case under title 11 under any
circumstances. The bankruptcy code has ample provision for the
appointment of a trustee when needed. Appointment of a receiver
would simply circumvent the established procedures.
This section is also an authorization, as required under 28
U.S.C. 2283, for a court of the United States to stay the action of
a State court. As such, Toucey v. New York Life Insurance Company,
314 U.S. 118 (1941), is overruled.
REFERENCES IN TEXT
The Federal Rules of Bankruptcy Procedure, referred to in subsec.
(d)(2), are set out in the Appendix to this title.
AMENDMENTS
2005 - Subsec. (d). Pub. L. 109-8, Sec. 440(1), struck out ",
may" after "party in interest" in introductory provisions.
Subsec. (d)(1). Pub. L. 109-8, Sec. 440(2), added par. (1) and
struck out former par. (1) which read as follows: "hold a status
conference regarding any case or proceeding under this title after
notice to the parties in interest; and".
1994 - Subsec. (d). Pub. L. 103-394 added subsec. (d).
1986 - Subsec. (a). Pub. L. 99-554 inserted at end "No provision
of this title providing for the raising of an issue by a party in
interest shall be construed to preclude the court from, sua sponte,
taking any action or making any determination necessary or
appropriate to enforce or implement court orders or rules, or to
prevent an abuse of process."
1984 - Subsecs. (a), (b). Pub. L. 98-353, Sec. 118(1), struck out
"bankruptcy" before "court".
Subsec. (c). Pub. L. 98-353, Sec. 118(2), added subsec. (c).
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 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under this title before
Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Effective date and applicability of amendment by Pub. L. 99-554
dependent upon the judicial district involved, see section 302(d),
(e) 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 July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of Title 28, Judiciary and Judicial Procedure.