11 U.S.C. § 1107 | Rights, powers, and duties of debtor in possession

(a)

section 330 of this title Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under , and powers, and shall perform all the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.

(b)

section 327(a) of this title section 327 of this title Notwithstanding , a person is not disqualified for employment under by a debtor in possession solely because of such person’s employment by or representation of the debtor before the commencement of the case.

Pub. L. 95–598Nov. 6, 197892 Stat. 2628 Pub. L. 98–353, title III, § 503July 10, 198498 Stat. 384(, , ; , , .)

Historical and Revision Notes

legislative statements

The House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.

senate report no. 95–989

Wolf v. WeinsteinThis section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. , 372 U.S. 633, 649–650 (1963).

Editorial Notes

Amendments

Pub. L. 98–3531984—Subsec. (a). substituted “on a trustee serving in a case” for “on a trustee”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–353July 10, 1984section 552(a) of Pub. L. 98–353 section 101 of this titleAmendment by effective with respect to cases filed 90 days after , see , set out as a note under .