US Code

Public Law 119-88 (05/04/2026)

28 U.S.C. § 959

Trustees and receivers suable; management; State laws

(a)
Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
(b)
section 1166 of title 11 Except as provided in , a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.

June 25, 1948, ch. 646 62 Stat. 926 Pub. L. 95–598, title II, § 23592 Stat. 2667 (, ; , , .)

Historical and Revision Notes

Mar. 3, 1911, ch. 231 36 Stat. 1104 Based on title 28, U.S.C., 1940 ed., §§ 124, 125 (, §§ 65, 66, ).

section 124 of title 28section 1911 of Title 18Section consolidates part of , U.S.C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in , Crimes and Criminal Procedure.

section 125 of title 28Vany v. Receiver of Toledo, St. L. and K.C. R.R. CoSection was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of , U.S.C., 1940 ed., as construed in ., C.C. 1895, 67 F. 379.

Changes in phraseology were made.

Editorial Notes

Amendments

Pub. L. 95–598section 1166 of title 111978—Subsec. (b). substituted “Except as provided in , a trustee” for “A trustee”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–598section 402(c) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.