11 U.S.C. § 105 | Power of court

(a)

The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. 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.

(b)

Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title.

(c)

The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation.

(d)

The court, on its own motion or on the request of a party in interest—

(1)

shall hold such status conferences as are necessary to further the expeditious and economical resolution of the case; and

(2)

unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, may issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that—

(A)

sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or

(B)

in a case under chapter 11 of this title—

(i)

sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan;

(ii)

sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan;

(iii)

sets the date by which a party in interest other than a debtor may file a plan;

(iv)

sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan;

(v)

fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or

(vi)

provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.

Pub. L. 95–598Nov. 6, 197892 Stat. 2555 Pub. L. 98–353, title I, § 118July 10, 198498 Stat. 344 Pub. L. 99–554, title II, § 203Oct. 27, 1986100 Stat. 3097 Pub. L. 103–394, title I, § 104(a)Oct. 22, 1994108 Stat. 4108 Pub. L. 109–8, title IV, § 440Apr. 20, 2005119 Stat. 114 Pub. L. 111–327, § 2(a)(3)Dec. 22, 2010124 Stat. 3557(, , ; , , ; , , ; , , ; , , ; , , .)

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.

28 U.S.C. 2283Toucey v. New York Life Insurance CompanyThis section is also an authorization, as required under , for a court of the United States to stay the action of a State court. As such, , 314 U.S. 118 (1941), is overruled.

Editorial Notes

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

Pub. L. 111–3272010—Subsec. (d)(2). inserted “may” after “Procedure,” in introductory provisions.

Pub. L. 109–8, § 440(1)2005—Subsec. (d). , struck out “, may” after “party in interest” in introductory provisions.

Pub. L. 109–8, § 440(2)Subsec. (d)(1). , 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”.

Pub. L. 103–3941994—Subsec. (d). added subsec. (d).

Pub. L. 99–5541986—Subsec. (a). 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.”

Pub. L. 98–353, § 118(1)1984—Subsecs. (a), (b). , struck out “bankruptcy” before “court”.

Pub. L. 98–353, § 118(2)Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–8Apr. 20, 2005section 1501 of Pub. L. 109–8 section 101 of this titleAmendment by effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–394Oct. 22, 1994Oct. 22, 1994section 702 of Pub. L. 103–394 section 101 of this titleAmendment by effective , and not applicable with respect to cases commenced under this title before , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–554 Pub. L. 99–554 section 581 of Title 28Effective date and applicability of amendment by dependent upon the judicial district involved, see section 302(d), (e) of , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1984 Amendment

Pub. L. 98–353July 10, 1984section 122(a) of Pub. L. 98–353 section 151 of Title 28Amendment by effective , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.