I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/13/93 at 20:13:44. Database: USCODE Search: (11:CITE) ------DocID 14670 Document 1 of 646------ -CITE- 11 USC TITLE 11 -EXPCITE- TITLE 11 -HEAD- TITLE 11 - BANKRUPTCY -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 95-598, TITLE I, SEC. 101, NOV. 6, 1978, 92 STAT. 2549 Chap. Sec. 1. General Provisions 101 3. Case Administration 301 5. Creditors, the Debtor, and the Estate 501 7. Liquidation 701 9. Adjustment of Debts of a Municipality 901 11. Reorganization 1101 12. Adjustment of Debts of Family Farmers with Regular Annual Income 1201 13. Adjustment of Debts of an Individual With Regular Income 1301 15. (FOOTNOTE 1) United States Trustees 1501 (FOOTNOTE 1) Chapter repealed by Pub. L. 99-554 without corresponding amendment of chapter analysis. AMENDMENTS 1986 - Pub. L. 99-554, title II, Sec. 257(a), Oct. 27, 1986, 100 Stat. 3114, added item for chapter 12. Table I This Table lists the sections of former Title 11, Bankruptcy, and hich cover similar and related subject matter. --------------------------------------------------------------------- Title 11 Former Sections Title 11 New Sections --------------------------------------------------------------------- 1(1)-(3) Rep. 1(4) 101(12) 1(5)-(7) Rep. 1(8) 101(8) 1(9), (10) Rep. 1(11) 101(9) 1(12), (13) Rep. 1(14) 101(11) 1(15), (16) Rep. 1(17) 101(17), (18) 1(18) Rep. 1(19) 101(26) 1(20)-(22) Rep. 1(23) 101(30) 1(24) 101(31) 1(25), (26) Rep. 1(27) 101(34) 1(28), (29) Rep. 1(29a) 101(38) 1(30) 101(40) 1(31) Rep. 1(32) 101(24) 1(33), (34) Rep. 1(35) 102(7) 11(a)(1) 109(a) 11(a)(2) 502(j) 11(a)(2A) 505(a), (b) 11(a)(3), (4) Rep. 11(a)(5) 721 11(a)(6) Rep. 11(a)(7) 363 11(a)(8) 350 11(a)(9)-(14) Rep. 11(a)(15) 105 11(a)(16) Rep. 11(a)(17) 324 11(a)(18) 303(i) 11(a)(19), (20) Rep. 11(a)(21) 543(b), (c) 11(a)(22) 305(a)(2) 11(b) Rep. 21 303(h) 22 109(b) 22(a) 301 22(b) 303(a) 23(a) Rep. 23(b) 303(b) 23(c)-(f) Rep. 23(g) 723 23(h)-(k) Rep. 24 522 25(a)(1) 343, 521(4) 25(a)(2) Rep. 25(a)(3) 521(2) 25(a)(4) 521(3) 25(a)(5) 521(3) 25(a)(6) 521(2) 25(a)(7) 521(2) 25(a)(8), (9) 521(1) 25(a)(10) 343, 344 25(a)(11) 521(3) 25(b) Rep. 26 541(a) 27, 28 Rep. 29(a) 362 29(b)-(d) Rep. 29(e) 108(a), (b) 29(f) 108(c) 30, 31 (See former 501-1103) 32(a) 727(a)(10), 1141(d)(4) 32(b) 727(c) 32(c)(1) 727(a)(2), (4) 32(c)(2) 727(a)(3) 32(c)(3) 727(a)(4) 32(c)(4) 727(a)(2) 32(c)(5) 727(a)(8), (9) 32(c)(6) 727(a)(6) 32(c)(7) 727(a)(5) 32(c)(8) Rep. 32(d), (e) Rep. 32(f) 524(a) 32(g), (h) Rep. 33 727(d), (e), 1328(e) 34 524(e) 35(a)(1) 523(a)(1) 35(a)(2) 523(a)(2) 35(a)(3) 523(a)(3) 35(a)(4) 523(a)(4) 35(a)(5), (6) Rep. 35(a)(7) 523(a)(5) 35(a)(8) 523(a)(6) 35(b) 523(b), 349(a) 35(c) 523(c) 35(c)(4) 362 41(a) Rep. 41(b) 303(d) 41(c)-(e) Rep. 41(f) 301 42 T. 28 Sec. 1480 43 Rep. 44(a) 343 44(b)-(f) Rep. 44(g) 549(c) 44(h)-(l) Rep. 45-51 Rep. 52, 53 Rep. 54 Rep. 55 T. 28 Sec. 1475 61-71 Rep. 72(a) 702 72(b) 705 72(c) 327(c) 73 321 74 325, 703(a) 75(a)(1) 704(1) 75(a)(2) 345 75(a)(3) 704(2) 75(a)(4) Rep. 75(a)(5) 704(2) 75(a)(6) Rep. 75(a)(7) 704(3) 75(a)(8) 704(4) 75(a)(9) 704(5) 75(a)(10) 704(6) 75(a)(11), (12) Rep. 75(a)(13) 704(8) 75(a)(14) Rep. 75(b), (c) Rep. 76(a), (b) Rep. 76(c) 326(a), 330 76(d) Rep. 76(e) 326(d) 76(f), (g) Rep. 76a 330 77 107 78(a) Rep. 78(b) 322(a) 78(c) 322(b)(1) 78(d) 322(b)(2) 78(e) Rep. 78(f), (g) 322(b)(2) 78(h) Rep. 78(i) 322(c) 78(j)-(l) Rep. 78(m) 322(d) 78(n) Rep. 79-82 Rep. 91, 92 341 93(a)-(c) Rep. 93(d) 502(a), (c) 93(e) Rep. 93(f) 502(b) 93(g) 502(d) 93(h) 506(a), (b) 93(i) 501(b), 509 93(j) 724(a) 93(k) 502(j) 93(l), (m) Rep. 93(n) 501(a), 726(a)(3) 93a Rep. 94 342 95(a) 301 95(b) 303(b) 95(c), (d) Rep. 95(e) 303(b) 95(f) 303(c) 95(g) 303(j), 707 95(h) Rep. 96 547 96(a)(4) 547(e)(1)(B) 96(b) 550, 551 96(c) 547(c)(4), 553 96(d) 329 96(e)(1) 741 96(e)(2) 745, 751, 752 96(e)(3) 753 96(e)(5) 749 101 345 101a Rep. 102(a)(1) 503(b)(2) 102(a)(2)-(4) Rep. 102(b) Rep. 102(c) 504 102(d) Rep. 103 101(4) 103(a)(9) 502(b)(7) 103(c) 365 103a Rep. 104(a) 507 104(a)(1) 503(b) 104(a)(2) 507(a)(3) 104(a)(4) 502(b)(4), 505(a), (b) 104(b) Rep. 105(a)-(c) Rep. 105(d) 508 105(e) Rep. 106(a) 347(a) 106(b) Rep. 107(a) 349(b), 547(b), (d), 551 107(b), (c) 545 107(c)(1)(A) 545(1) 107(c)(1)(B) 545(2), 546(b) 107(c)(1)(C) 545(3), (4) 107(c)(2) 551 107(c)(3) 724(b) 107(d)(1)(a)-(c) Rep. 107(d)(1)(d) 101(26) 107(d)(1)(e) Rep. 107(d)(2) 548(a) 107(d)(3) 550 107(d)(4) 548(b) 107(d)(5) 548(d)(1) 107(d)(6) 548(c), 550, 551 107(d)(7) Rep. 107(e), (f) Rep. 108 502(b)(3), 553 109(a) 303(e) 109(b) 303(i) 109(c) Rep. 109(d) 303(g), 543(b), (c) 110(a) 541(a) 110(a)(3) 541(b) 110(a)(5) 522(d)(7), (8) 110(b) 365 110(c) 541(e), 544(a) 110(d)(1) 549(a) 110(d)(2), (3) 542(c) 110(d)(4), (5) Rep. 110(e) 544(b) 110(f) 363 110(g)-(i) Rep. 111, 112 Rep. 201, 202 (See former 501-1103) 202a-204 Rep. 205(a) Rep. 205(b) 1171(b), 1172 205(c)(1) 1163 205(c)(2) 1166 205(c)(3)-(5) Rep. 205(c)(6) 1169 205(c)(7)-(13) Rep. 205(d) Rep. 205(e) 1173 205(f)-(i) Rep. 205(j) 1168 205(k), (l) Rep. 205(m) 101(33) 205(n) 1167, 1171(a) 205(o) 1170 205(p)-(s) Rep. 205a Rep. 206, 207 (See former 501-1103) 208 Rep. 301-303 Rep. 401(1) 101(4) 401(2) Rep. 401(3) 101(9) 401(4) Rep. 401(5) 101(11) 401(6) 101(28) 401(7) 101(30) 401(8) 101(12) 401(9) Rep. 401(10) 902(2) 401(11) 903(3) 402(a) Rep. 402(b)(1), (2) 901 402(b)(3) Rep. 402(c) 904 402(d) 921(b) 403 903 404 101(29), 109(c) 405(a) 921(a), (c)-(f) 405(b) 901, 924 405(c) Rep. 405(d) 923 405(e) 901 405(e)(1) 922(a) 405(f), (g) Rep. 405(h) 901, 926 406, 407 Rep. 408(a) 925 408(b) 901 408(c) Rep. 409 901 410(a) 941, 942 410(b) 942 411, 412 901 413 901, 943(a) 414(a) 901 414(b)(1) 943(b)(5), (6) 414(b)(2) 943(b)(2) 414(b)(3) Rep. 414(b)(4) 943(b)(3) 414(b)(5) Rep. 414(b)(6) 943(b)(4) 415(a) 944(a) 415(b)(1) 944(b) 415(b)(2) 944(c) 416(a) Rep. 416(b) 901 416(c) Rep. 416(d) 347(b), 901 416(e) 945(a) 416(f) Rep. 417 946 418 927 501, 502 Rep. 506(1) 101(4) 506(2), (3) Rep. 506(4) 101(9) 506(5) 101(12) 506(6) 101(11) 506(7) Rep. 506(8) 101(23) 506(9) 101(31) 506(10) Rep. 506(11) 101(35) 506(12), (13) Rep. 507 1124 511, 512 Rep. 513 362 514, 515 Rep. 516(1) 365 516(2) 364 516(3) 363 516(4) 362 516(5), (6) 1110 517-521 Rep. 526 303(b) 527 Rep. 528 T. 28 Sec. 1472 529-533 Rep. 536, 537 303(d) 541-549 Rep. 556 1104(a) 557 327 558 101(13) 559 1105 560 324, 1104(c) 561, 562 Rep. 563 1107(a) 564 1106(a)(2) 565 Rep. 566 107 567(1) 1106(a)(3) 567(2) Rep. 567(3) 1106(a)(4)(A) 567(4) Rep. 567(5) 1106(a)(4) 567(6) Rep. 568 1104(b), 1106(b) 569 1106(a)(5) 570 1121 571-574 Rep. 575 1125(d) 576 1125(b) 577, 578 Rep. 579 1126, 1128(a) 580 1128(b) 586 541(a) 587 1106 588 1107(a) 589 1108 590 Rep. 591 327 596 501(a), 1111 597 1122 598 501(a) 599 1126(a) 600, 601 Rep. 602 502(b)(7) 603 1126(e) 604 1143 605 347(b) 606 1109(b) 607 1109 608 1109(a) 609-613 Rep. 616(1) 1123(b)(1) 616(2) 1123(a)(5), (b)(4) 616(3) Rep. 616(4) 1123(b)(2) 616(5) 1123(a)(3) 616(6) 1123(a)(2) 616(7)-(9) Rep. 616(10) 1123(a)(5) 616(11) 1123(a)(7) 616(12)(a) 1123(a)(6) 616(12)(b) Rep. 616(13) 1123(b)(3) 616(14) 1123(b)(5) 621(1) 1129(a)(1) 621(2) 1129(a)(7), (11) 621(3) 1129(a)(3) 621(4) 1129(a)(4) 621(5) 1129(a)(5) 622 1127 623 1127(d) 624(1) 1141(a) 624(2) 1129(a)(6), 1142(a) 624(3), (4) Rep. 625 Rep. 626 1141(c) 627 1142(b) 628(1) 1141(d)(1)-(3) 628(2)-(4) Rep. 629(a) 1101(2) 629(b) Rep. 629(c) 1127(b) 636 1112(b) 637 Rep. 638 348 641(1), (2) Rep. 641(3), (4) 330 641(5) 503(b)(4) 642(1) 503(b)(3), (5) 642(2) Rep. 642(3) 503(b)(4) 643 503(b)(3), (4) 644(1) 330 644(2) 503(b)(4) 644(3) 330 644(4) 503(b)(3), (4) 645-650 Rep. 656-659 Rep. 661 108(c) 662 Rep. 663 362 664(a) 1145(a) 664(b) 1145(b) 665, 666 Rep. 667 1146(c) 668 346(j)(1) 669 1129(d) 670 346(j)(5) 671, 672 Rep. 676 Rep. 701, 702 Rep. 706(1), (2) Rep. 706(3) 101(12), 109(d) 706(4) Rep. 706(5) 101(31) 707(1) 101(9) 707(2) 101(4), (11) 708 1124 711, 712 Rep. 713(1) 365 713(2) 363 713(3) Rep. 714 362 715, 716 Rep. 721-728 Rep. 731-733 Rep. 734 341 735 341 735(3) 1128(a) 736 341 736(2) 501(a) 736(3) 343 737(1) Rep. 737(2) 1129(a)(9) 737(3) 1128(a) 738 1102 739(1)(a) 1103(c)(2) 739(1)(b)-(e) 1103(c)(3) 739(1)(f) 1104(c)(5) 739(2) 503(b)(4), 1103(a) 741 Rep. 742 1107(a) 743 1108 744 364 751 1122 752 Rep. 753 502(b)(7) 754, 755 Rep. 755a 501(a) 756 Rep. 757(1) Rep. 757(2) 1123(b)(2) 757(3)-(7) Rep. 757(8) 1123(b)(5) 761 1129(a)(3) 762 Rep. 763 1127 764 1127(d) 765 1127(c) 766(1) 1129(a)(1) 766(2) 1129(a)(7), (11) 766(3) 1129(a)(2) 766(4) 1129(a)(3) 767(1) 1141(a) 767(2)-(4) Rep. 768-770 Rep. 771 1141(d)(1)-(3) 772 Rep. 776, 777 1112(b) 778 348 779-781 Rep. 786 1144 787(1) 1127(b) 787(2) 1127(c) 787(3) 1127(d) 787(4) Rep. 791 108(c) 792 Rep. 793(a) 1145(a) 793(b) 1145(b) 794 Rep. 795 346(j)(1) 796 346(j)(5) 797 Rep. 799 Rep. 801, 802 Rep. 806(1) Rep. 806(2) 101(4) 806(3), (4) Rep. 806(5) 101(9) 806(6) 101(12), 109(d) 806(7) 101(11) 806(8) 101(23) 806(9) 101(31) 807 1124 811, 812 Rep. 813(1) 365 813(2) 363 813(3) Rep. 814 362 815, 816 Rep. 821-827 Rep. 828 362 831 Rep. 832 1104(a) 833 Rep. 834 341 835 341, 1128(a) 836 341 836(2) 501(a) 836(3) 343 837(1) 1104(a) 837(2) Rep. 837(3) 1128(a) 841 Rep. 842 1106 843 348 844 1107(a) 845 1108 846 364 851 501(a), 1111 852 1122 853 Rep. 854 501(a) 855-857 Rep. 858 502(b)(7) 859 Rep. 861(1)-(3) Rep. 861(4) 1123(b)(2) 861(5), (6) Rep. 861(7) 1123(b)(4) 861(8) Rep. 861(9) 1123(a)(3) 861(10) 1123(a)(2) 861(11) Rep. 861(12) 1123(a)(5) 861(13) 1123(b)(5) 866 Rep. 867 1129(a)(3) 868 Rep. 869 1127(a), (b) 870 1127(d) 871 1127(c) 872(1) 1129(a)(1) 872(2) 1129(a)(7), (11) 872(3) 1129(a)(2) 872(4) 1129(a)(3) 872(5) 1129(a)(4) 873(1) 1141(a) 873(2) 1142(a) 873(3) Rep. 874 1141(c) 875 1142(b) 876 1141(d)(1)-(3) 877 Rep. 881, 882 1112(b) 883 348 884-886 Rep. 891(1) Rep. 891(2), (3) 330 892(1) 503(b)(3) 892(2) Rep. 892(3) 503(b)(4) 893(1) Rep. 893(2) 503(b)(4) 893(3) 330 893(4) 503(b)(4) 894-898 Rep. 906-909 Rep. 911 1144 916 108(c) 917 362 918(a) 1145(a) 918(b) 1145(b) 919 Rep. 920 346(j)(1) 921 1129(d) 922 346(j)(5) 923 Rep. 926 Rep. 1001, 1002 Rep. 1006(1) 101(4) 1006(2) 101(9) 1006(3) 101(12), 109(e) 1006(4) 101(11) 1006(5) Rep. 1006(6) 101(31) 1006(7) Rep. 1006(8) 101(24), 109(e) 1007 Rep. 1011, 1012 Rep. 1013(1) 365 1013(2) Rep. 1014 362 1015, 1016 Rep. 1021-1026 Rep. 1031 Rep. 1032, 1033 341 1033(1) 343, 501(a) 1033(2) 1321 1033(5) 1324 1036 1303 1037 Rep. 1041-1044 Rep. 1046(1) 1322(b)(1) 1046(2) 1322(b)(2) 1046(3) 1322(a)(2) 1046(4) 1322(a)(1) 1046(5) 1329(a) 1046(6) 1322(b)(7) 1046(7) 1322(b)(10) 1051 1325(a)(3) 1052 Rep. 1053 1323(a) 1054 1323(c) 1055 Rep. 1056(a)(1) 1325(a)(1) 1056(a)(2) 1325(a)(6) 1056(a)(3) Rep. 1056(a)(4) 1325(a)(3) 1056(b) 502(b) 1057 1327(a) 1058 Rep. 1059 1326(a) 1060 1328(a), (c), (d) 1061 1328(b) 1062 Rep. 1066 348, 1307 1067 348 1068, 1069 Rep. 1071 1330 1076 108(c) 1077-1079 Rep. 1080 1305(a)(1) 1086 Rep. 1101-1103 Rep. 1200-1255 Rep. ------------------------------- Table II This Table lists the sections of revised Title 11, Bankruptcy, and d related subject matter. --------------------------------------------------------------------- Title 11 New Sections Title 11 Former Sections --------------------------------------------------------------------- 101(1)-(3) 101(4) 103, 401(1), 506(1), 707(2), 806(2), 1006(1) 101(5)-(7) 101(8) 1(8) 101(9) 1(11), 401(3), 506(4), 707(1), 806(5), 1062(2) 101(10) 101(11) 1(14), 401(5), 506(6), 707(2), 806(7), 1006(4) 101(12) 1(4), 401(8), 506(5), 706(3), 806(6), 1006(3) 101(13) 558 101(14)-(16) 101(17), (18) 1(17) 101(19)-(21) 101(22) T. 15 Sec. 77ccc(7) 101(23) 506(8), 806(8) 101(24) 1(32), 1006(8) 101(25) 101(26) 1(19), 107(d)(1)(d) 101(27) 101(28) 401(6) 101(29) 404 101(30) 1(23), 401(7) 101(31) 1(24), 506(9), 706(5), 806(9), 1006(6) 101(32) 101(33) 205(m) 101(34) 1(27) 101(35) 506(11) 101(36), (37) 101(38) 1(29a) 101(39) T. 15 Sec. 78c(a)(4), (5) 101(40) 1(30) 102(1)-(6) 102(7) 1(35) 102(8) 103, 104 105 11(a)(15) 106 107 77, 566 108(a), (b) 29(e) 108(c) 29(f), 661, 791, 1076 109(a) 11(a)(1) 109(b) 22 109(c) 404 109(d) 706(3), 806(6) 109(e) 1006(3), (8) 301 22(a), 41(f), 95(a) 302 303(a) 22(b) 303(b) 23(b), 95(b), (e), 526 303(c) 95(f) 303(d) 41(b), 536, 537 303(e) 109(a) 303(f) 303(g) 109(d) 303(h) 21 303(i) 11(a)(18), 19(b) 303(j) 95(g) 303(k) 304 305(a)(1) 305(a)(2) 11(a)(22) 305(b), (c) 306 321 73 322(a) 78(b) 322(b)(1) 78(c) 322(b)(2) 78(d), (f), (g) 322(c) 78(i) 322(d) 78(m) 323 324 11(a)(17), 560 325 74 326(a) 76(c) 326(b), (c) 326(d) 76(e) 327 557, 591 327(c) 72(c) 328 329 96(d) 330 76(c), 76a, 641(3), (4), 644(1), (3), 891(2), (3), 893(3) 331 341 91, 92, 734-736, 834-836, 1032, 1033 342 94 343 44(a), 25(a)(1), (10), 736(3), 836(3), 1033(1) 344 25(a)(10) 345 101, 75(a)(2) 346(a)-(i) 346(j)(1) 668, 795, 920 346(j)(2)-(4) 346(j)(5) 670, 796, 922 346(j)(6), (7) 347(a) 106(a) 347(b) 416(d), 605 348 638, 778, 843, 1066, 1067 349(a) 35(b) 349(b) 107(a) 350 11(a)(8) 361 362 29(a), 35(c)(4), 513, 516(4), 663, 714, 814, 828, 917, 1014 363 11(a)(7), 110(f), 516(3), 713(2), 813(2) 364 516(2), 744, 846 365 103(c), 110(b), 516(1), 713(1), 813(1), 1013(1) 366 501(a) 93(n), 596, 598, 736(2), 755a, 836(2), 851, 854, 1033(1) 501(b) 93(i) 501(c), (d) 502(a) 93(d) 502(b) 93(f), 1056(b) 502(b)(3) 108 502(b)(4) 104(a)(4) 502(b)(7) 103(a)(9), 602, 753, 858 502(c) 93(d) 502(d) 93(g) 502(e)-(i) 502(j) 93(k), 11(a)(2) 503(a) 503(b) 104(a)(1) 503(b)(2) 102(a)(1) 503(b)(3) 642(1), 643, 644(4), 892(1) 503(b)(4) 641(5), 642(3), 643, 644(2), (4), 739(2), 892(3), 893(2), (4) 503(b)(5) 642(1) 504 102(c) 505(a), (b) 11(a)(2A), 104(a)(4) 505(c) 506(a), (b) 93(h) 506(c), (d) 507 104(a) 507(a)(3) 104(a)(2) 508 105(d) 509 93(i) 510 521(1) 25(a)(8), (9) 521(2) 25(a)(3), (6), (7) 521(3) 25(a)(4), (5), (11) 521(4) 25(a)(1) 522 24 523(a)(1) 35(a)(1) 523(a)(2) 35(a)(2) 523(a)(3) 35(a)(3) 523(a)(4) 35(a)(4) 523(a)(5) 35(a)(7) 523(a)(6) 35(a)(8) 523(a)(7)-(9) 523(b) 35(b) 523(c) 35(c) 523(d) 524(a) 32(f) 524(b)-(d) 524(e) 34 525 541(a) 26, 110(a), 586 541(b) 110(a)(3) 541(c), (d) 541(e) 110(c) 542(a), (b) 542(c) 110(d)(2), (3) 542(d), (e) 543(a) 543(b), (c) 11(a)(21), 109(d) 543(d) 544(a) 110(c) 544(b) 110(e) 545 107(b), (c) 545(1) 107(c)(1)(A) 545(2) 107(c)(1)(B) 545(3), (4) 107(c)(1)(C) 546(a) 546(b) 107(c)(1)(B) 546(c) 547 96 547(b) 107(a) 547(c)(4) 96(c) 547(d) 107(a) 547(e)(1)(B) 96(a)(4) 548(a) 107(d)(2) 548(b) 107(d)(4) 548(c) 107(d)(6) 548(d)(1) 107(d)(5) 548(d)(2) 549(a) 110(d)(1) 549(b) 549(c) 44(g) 549(d) 550 96(b), 107(d)(3), (6) 551 96(b), 107(a)(3), (c)(2), (d)(6), 110(e)(2) 552 553 96(c), 108 554 701 702 72(a) 703(a) 74 703(b), (c) 704(1) 75(a)(1) 704(2) 75(a)(3), (5) 704(3) 75(a)(7) 704(4) 75(a)(8) 704(5) 75(a)(9) 704(6) 75(a)(10) 704(7) 704(8) 75(a)(13) 705 72(b) 706 707 95(g) 721 11(a)(5) 722 723 23(g) 724(a) 93(j) 724(b) 107(c)(3) 724(c), (d) 725 726(a)(1), (2) 726(a)(3) 93(n) 726(a)(4)-(6), (b), (c) 727(a)(1) 727(a)(2) 32(c)(1), (4) 727(a)(3) 32(c)(2) 727(a)(4) 32(c)(1), (3) 727(a)(5) 32(c)(7) 727(a)(6) 32(c)(6) 727(a)(7) 727(a)(8), (9) 32(c)(5) 727(a)(10) 32(a) 727(b) 727(c) 32(b) 727(d), (e) 33 728 741 96(e)(1) 742-744 745 96(e)(2) 746-748 749 96(e)(5) 750 751 96(e)(2) 752 96(e)(2), (3) 761-766 901 402(b)(1), (2), 405(b), (e), (h), 408(b), 409, 411, 412, 413, 414(a), 416(b), (d) 902(1) 902(2) 401(10) 902(3) 401(11) 902(4) 903 403 904 402(c) 921(a) 405(a) 921(b) 402(d) 921(c)-(f) 405(a) 922(a) 405(e)(1) 922(b) 923 405(d) 924 405(b) 925 408(a) 926 405(h) 927 418 941 410(a) 942 410(a), (b) 943(a) 413 943(b)(1) 943(b)(2) 414(b)(2) 943(b)(3) 414(b)(4) 943(b)(4) 414(b)(6) 943(b)(5), (6) 414(b)(1) 944(a) 415(a) 944(b) 415(b)(1) 944(c) 415(b)(2) 945(a) 416(e) 945(b) 946 417 1101(1) 1101(2) 629(a) 1102 738 1103(a) 739(2) 1103(b), (c)(1) 1103(c)(2) 739(1)(a) 1103(c)(3) 739(1)(b)-(e) 1103(c)(4) 1103(c)(5) 739(1)(f) 1103(d) 1104(a) 556, 832, 837(1) 1104(b) 568 1104(c) 560 1105 559 1106 587, 842 1106(a)(2) 564 1106(a)(3) 567(1) 1106(a)(4) 567(5) 1106(a)(4)(A) 567(3) 1106(a)(5) 569 1106(b) 568 1107(a) 563, 588, 742, 844 1107(b) 1108 589, 743, 845 1109 607 1109(a) 608 1109(b) 606 1110 516(5), (6) 1111 596, 851 1112(a) 1112(b) 636, 776, 777, 881, 882 1112(c)-(e) 1121 570 1122 597, 751, 852 1123(a)(1) 1123(a)(2) 616(6), 861(10) 1123(a)(3) 616(5), 861(9) 1123(a)(4) 1123(a)(5) 616(2), (10), 861(12) 1123(a)(6) 616(12)(a) 1123(a)(7) 616(11) 1123(b)(1) 616(1) 1123(b)(2) 616(4), 757(2), 861(4) 1123(b)(3) 616(13) 1123(b)(4) 616(2), 861(7) 1123(b)(5) 616(14), 757(8), 861(13) 1123(c) 1124 507, 708, 807 1125(a) 1125(b) 576 1125(c) 1125(d) 575 1125(e) 1126 579 1126(a) 599 1126(e) 603 1127 622, 763 1127(a) 869 1127(b) 629(c), 787(1), 869 1127(c) 765, 787(2), (3), 871 1127(d) 623, 764, 870 1128(a) 579, 735(3), 737(3), 835, 837(3) 1128(b) 580 1129(a)(1) 621(1), 766(1), 872(1) 1129(a)(2) 766(3), 872(3) 1129(a)(3) 621(3), 761, 766(4), 867, 872(4) 1129(a)(4) 621(4), 872(5) 1129(a)(5) 621(5) 1129(a)(6) 624(2) 1129(a)(7) 621(2), 766(2), 872(2) 1129(a)(8) 1129(a)(9) 737(2) 1129(a)(10) 1129(a)(11) 621(2), 766(2), 872(2) 1129(b), (c) 1129(d) 669, 921 1141(a) 624(1), 767(1), 873(1) 1141(b) 1141(c) 626, 874 1141(d)(1)-(3) 628(1), 771, 876 1141(d)(4) 32(a) 1142(a) 624(2), 873(2) 1142(b) 627, 875 1143 604 1144 786, 911 1145(a) 664(a), 793(a), 918(a) 1145(b) 664(b), 793(b), 918(b) 1145(c), (d) 1146(a), (b) 1146(c) 667 1146(d) 1161, 1162 1163 205(c)(1) 1164, 1165 1166 205(c)(2) 1167 205(n) 1168 205(j) 1169 205(c)(6) 1170 205(o) 1171(a) 205(n) 1171(b) 205(b) 1172 205(b) 1173 205(e) 1174 1301, 1302 1303 1036 1304 1305(a)(1) 1080 1305(a)(2), (b), (c) 1306 1307 1066 1321 1033(2) 1322(a)(1) 1046(4) 1322(a)(2) 1046(3) 1322(a)(3) 1322(b)(1) 1046(1) 1322(b)(2) 1046(2) 1322(b)(3)-(6) 1322(b)(7) 1046(6) 1322(b)(8), (9) 1322(b)(10) 1046(7) 1322(c) 1323(a) 1053 1323(b) 1323(c) 1054 1324 1033(5) 1325(a)(1) 1056(a)(1) 1325(a)(2) 1325(a)(3) 1051, 1056(a)(4) 1325(a)(4), (5) 1325(a)(6) 1056(a)(2) 1325(b) 1326(a) 1059 1326(b) 1327(a) 1057 1327(b), (c) 1328(a) 1060 1328(b) 1061 1328(c), (d) 1060 1328(e) 33 1329(a) 1046(5) 1329(b), (c) 1330 1071 1501-151326 ------------------------------- ENACTING CLAUSE Pub. L. 95-598, title I, Sec. 101, Nov. 6, 1978, 92 Stat. 2549, provided in part: 'The law relating to bankruptcy is codified and enacted as title 11 of the United States Code, entitled 'Bankruptcy', and may be cited as 11 U.S.C. Sec. - .' REPEALS Pub. L. 95-598, title IV, Sec. 401(a), Nov. 6, 1978, 92 Stat. 2682, provided that: 'The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as amended) is repealed.' EFFECTIVE DATE Pub. L. 95-598, title IV, Sec. 402, Nov. 6, 1978, 92 Stat. 2682, as amended by Pub. L. 98-249, Sec. 1(a), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98-271, Sec. 1(a), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, Sec. 1(a), May 25, 1984, 98 Stat. 214; Pub. L. 98-325, Sec. 1(a), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I, Sec. 113, 121(a), July 10, 1984, 98 Stat. 343, 345; Pub. L. 98-454, title X, Sec. 1001, Oct. 5, 1984, 98 Stat. 1745, provided that: '(a) Except as otherwise provided in this title (sections 401 to 411), this Act (for classification to the Code, see Tables) shall take effect on October 1, 1979. '(b) Except as provided in subsections (c) and (d) of this section, the amendments made by title II (sections 201 to 252) of this Act shall not be effective. '(c) The amendments made by sections 210, 214, 219, 220, 222, 224, 225, 228, 229, 235, 244, 245, 246, 249, and 251 of this Act shall take effect on October 1, 1979. '(d) The amendments made by sections 217, 218, 230, 247, 302, 314(j), 317, 327, 328, 338, and 411 of this Act shall take effect on the date of enactment of this Act (Nov. 6, 1978). '(e) (Repealed. Pub. L. 98-454, title X, Sec. 1001, Oct. 5, 1984, 98 Stat. 1745).' (Amendment of section 402(b) of Pub. L. 95-598, set out above, by section 113 of Pub. L. 98-353 effective June 27, 1984, see section 122(c) of Pub. L. 98-353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.) SAVINGS PROVISION Pub. L. 95-598, title IV, Sec. 403, Nov. 6, 1978, 92 Stat. 2683, as amended by Pub. L. 98-353, title III, Sec. 382, July 10, 1984, 98 Stat. 364, provided that: '(a) A case commenced under the Bankruptcy Act, (act July 1, 1898, ch. 541, 30 Stat. 544, as amended), and all matters and proceedings in or relating to any such case, shall be conducted and determined under such Act as if this Act had not been enacted, and the substantive rights of parties in connection with any such bankruptcy case, matter, or proceeding shall continue to be governed by the law applicable to such case, matter, or proceeding as if the (this) Act had not been enacted. '(b) Notwithstanding subsection (a) of this section, sections 1165, 1167, 1168, 1169, and 1171 of title 11 of the United States Code, as enacted by section 101 of this Act, apply to cases pending under section 77 of the Bankruptcy Act ((former) 11 U.S.C. 205) on the date of enactment of this Act (Nov. 6, 1978) in which the trustee has not filed a plan of reorganization. '(c) The repeal (of the Bankruptcy Act) made by section 401(a) of this Act does not affect any right of a referee in bankruptcy, United States bankruptcy judge, or survivor of a referee in bankruptcy or United States bankruptcy judge to receive any annuity or other payment under the civil service retirement laws. '(d) The amendments made by section 314 of this Act (for classification to the Code, see Tables) do not affect the application of chapter 9, chapter 96, section 2516, section 3057, or section 3284 of title 18 of the United States Code to any act of any person - '(1) committed before October 1, 1979; or '(2) committed after October 1, 1979, in connection with a case commenced before such date. '(e) Notwithstanding subsection (a) of this section - '(1) a fee may not be charged under section 40c(2)(a) of the Bankruptcy Act (former 11 U.S.C. 68(c)(2)(a)) in a case pending under such Act after September 30, 1979, to the extent that such fee exceeds $200,000; '(2) a fee may not be charged under section 40c(2)(b) of the Bankruptcy Act in a case in which the plan is confirmed after September 30, 1978, or in which the final determination as to the amount of such fee is made after September 30, 1979, notwithstanding an earlier confirmation date, to the extent that such fee exceeds $100,000; '(3) after September 30, 1979, all moneys collected for payment into the referees' salary and expense fund in cases filed under the Bankruptcy Act shall be collected and paid into the general fund of the Treasury; and '(4) any balance in the referees' salary and expense fund in the Treasury on October 1, 1979, shall be transferred to the general fund of the Treasury and the referees' salary and expense fund account shall be closed.' Pub. L. 98-353, title III, Sec. 381, July 10, 1984, 98 Stat. 364, provided that: 'This subtitle ((Sec. 381, 382) amending section 403(e) of Pub. L. 95-598, set out above) may be cited as the 'Referees Salary and Expense Fund Act of 1984'.' HISTORY OF BANKRUPTCY ACTS The bankruptcy laws were revised generally and enacted as Title 11, Bankruptcy, by Pub. L. 96-598, Nov. 6, 1978, 92 Stat. 2549. Earlier bankruptcy laws included the following acts: Apr. 4, 1800, ch. 19, 2 Stat. 19, repealed Dec. 19, 1803, ch. 6, 2 Stat. 248. Aug. 19, 1841, ch. 9, 5 Stat. 440, repealed Mar. 3, 1843, ch. 82, 5 Stat. 614. Mar. 2, 1867, ch. 176, 14 Stat. 517, the provisions of which were incorporated in Rev. Stat. Title LXI, Sec. 4972 to 5132, were materially amended June 22, 1874, ch. 390, 18 Stat. 178, and were repealed June 7, 1878, ch. 160, 20 Stat. 99. The Bankruptcy Act of July 1, 1898, ch. 541, 30 Stat. 544, as amended, sometimes called the Nelson Act, repealed by Pub. L. 95-598. The Chandler Act of July 22, 1938, ch. 575, 52 Stat. 883, which revised the Bankruptcy Act generally and materially amended the provisions covering corporate reorganizations, repealed by Pub. L. 95-598. COMMISSION ON THE BANKRUPTCY LAWS OF THE UNITED STATES Pub. L. 91-354, Sec. 1-6, July 24, 1970, 84 Stat. 468, as amended by Pub. L. 92-251, Mar. 17, 1972, 86 Stat. 63; Pub. L. 93-56, Sec. 1, July 1, 1973, 87 Stat. 140, established the Commission on the Bankruptcy Laws of the United States, to study and recommend changes to this title, which ceased to exist 30 days after the date of submission of its final report which was required prior to July 31, 1973. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 7 sections 12, 24; title 8 section 1154; title 10 sections 2005, 2130a; title 12 sections 1150, 1467a, 1787, 1821; title 15 sections 77c, 77ccc, 78eee, 78fff, 78fff-1, 78fff-2, 78fff-4, 78lll, 79k, 80a-2, 80a-25, 80b-2, 1681c, 1870; title 17 section 201; title 18 sections 151, 152, 154, 155, 1961, 2516, 3284; title 19 section 1485; title 25 section 1616a; title 26 sections 56, 108, 351, 368, 382, 422, 422A, 542, 1017, 1361, 1398, 1399, 3302, 4980B, 6012, 6036, 6103, 6161, 6212, 6213, 6327, 6503, 6512, 6532, 6658, 6871, 6872, 7434, 7464, 7508; title 28 sections 156, 157, 526, 586, 1334, 1408, 1409, 1411, 1412, 1930, 2075, 3003; title 29 sections 152, 402, 1163, 1341, 1362, 1368, 1391, 1402, 1405, 1413; title 30 section 934; title 31 section 3713; title 33 section 511; title 37 sections 301b, 301d, 302, 302b, 302d, 302e, 308e, 308f, 308g, 308h, 308i, 315, 317; title 38 sections 1832, 4334; title 40 section 316; title 41 section 41; title 42 sections 254o, 294f, 300ff-76, 656, 1473, 2000e, 3602, 6924, 6991b, 6991c, 9602, 9608; title 43 sections 617p, 1606, 1636; title 45 sections 701, 791, 912, 1007; title 48 sections 1424-4, 1614, 1694; title 49 section 11304; title 49 App. section 1602. ------DocID 14821 Document 2 of 646------ -CITE- 11 USC CHAPTER 11 -EXPCITE- TITLE 11 CHAPTER 11 -HEAD- CHAPTER 11 - REORGANIZATION -MISC1- SUBCHAPTER I - OFFICERS AND ADMINISTRATION Sec. 1101. Definitions for this chapter. 1102. Creditors' and equity security holders' committees. 1103. Powers and duties of committees. 1104. Appointment of trustee or examiner. 1105. Termination of trustee's appointment. 1106. Duties of trustee and examiner. 1107. Rights, powers, and duties of debtor in possession. 1108. Authorization to operate business. 1109. Right to be heard. 1110. Aircraft equipment and vessels. 1111. Claims and interests. 1112. Conversion or dismissal. 1113. Rejection of collective bargaining agreements. 1114. Payment of insurance benefits to retired employees. SUBCHAPTER II - THE PLAN 1121. Who may file a plan. 1122. Classification of claims or interests. 1123. Contents of plan. 1124. Impairment of claims or interests. 1125. Postpetition disclosure and solicitation. 1126. Acceptance of plan. 1127. Modification of plan. 1128. Confirmation hearing. 1129. Confirmation of plan. SUBCHAPTER III - POSTCONFIRMATION MATTERS 1141. Effect of confirmation. 1142. Implementation of plan. 1143. Distribution. 1144. Revocation of an order of confirmation. 1145. Exemption from securities laws. 1146. Special tax provisions. SUBCHAPTER IV - RAILROAD REORGANIZATION 1161. Inapplicability of other sections. 1162. Definition. 1163. Appointment of trustee. 1164. Right to be heard. 1165. Protection of the public interest. 1166. Effect of subtitle IV of title 49 and of Federal, State, or local regulations. 1167. Collective bargaining agreements. 1168. Rolling stock equipment. 1169. Effect of rejection of lease of railroad line. 1170. Abandonment of railroad line. 1171. Priority claims. 1172. Contents of plan. 1173. Confirmation of plan. 1174. Liquidation. HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Chapter 11 of the House amendment is derived in large part from chapter 11 as contained in the House bill. Unlike chapter 11 of the Senate amendment, chapter 11 of the House amendment does not represent an extension of chapter X of current law (chapter 10 of former title 11) or any other chapter of the Bankruptcy Act (former title 11). Rather chapter 11 of the House amendment takes a new approach consolidating subjects dealt with under chapters VIII, X, XI, and XII of the Bankruptcy Act (chapters 8, 10, 11, and 12 of former title 11). The new consolidated chapter 11 contains no special procedure for companies with public debt or equity security holders. Instead, factors such as the standard to be applied to solicitation of acceptances of a plan of reorganization are left to be determined by the court on a case-by-case basis. In order to insure that adequate investigation of the debtor is conducted to determine fraud or wrongdoing on the part of present management, an examiner is required to be appointed in all cases in which the debtor's fixed, liquidated, and unsecured debts, other than debts for goods, services, or taxes, or owing to an insider, exceed $5 million. This should adequately represent the needs of public security holders in most cases. However, in addition, section 1109 of the House amendment enables both the Securities and Exchange Commission and any party in interest who is creditor, equity security holder, indenture trustee, or any committee representing creditors or equity security holders to raise and appear and be heard on any issue in a case under chapter 11. This will enable the bankruptcy court to evaluate all sides of a position and to determine the public interest. This approach is sharply contrasted to that under chapter X of present law in which the public interest is often determined only in terms of the interest of public security holders. The advisory role of the Securities and Exchange Commission will enable the court to balance the needs of public security holders against equally important public needs relating to the economy, such as employment and production, and other factors such as the public health and safety of the people or protection of the national interest. In this context, the new chapter 11 deletes archaic rules contained in certain chapters of present law such as the requirement of an approval hearing and the prohibition of prepetition solicitation. Such requirements were written in an age before the enactment of the Trust Indenture Act (15 U.S.C. 77aaa et seq.) and the development of securities laws had occurred. The benefits of these provisions have long been outlived but the detriment of the provisions served to frustrate and delay effective reorganization in those chapters of the Bankruptcy Act in which such provisions applied. Chapter 11 thus represents a much needed revision of reorganization laws. A brief discussion of the history of this important achievement is useful to an appreciation of the monumental reform embraced in chapter 11. Under the existing Bankruptcy Act (former title 11) debtors seeking reorganization may choose among three reorganization chapters, chapter X, chapter XI, and chapter XII (chapters 10, 11, and 12 of former title 11). Individuals and partnerships may file under chapter XI or, if they own property encumbered by mortgage liens, they may file under chapter XII. A corporation may file under either chapter X or chapter XI, but is ineligible to file under chapter XII. Chapter X was designed to facilitate the pervasive reorganization of corporations whose creditors include holders of publicly issued debt securities. Chapter XI, on the other hand, was designed to permit smaller enterprises to negotiate composition or extension plans with their unsecured creditors. The essential differences between chapters X and XI are as follows. Chapter X mandates that, first, an independent trustee be appointed and assume management control from the officers and directors of the debtor corporation; second, the Securities and Exchange Commission must be afforded an opportunity to participate both as an adviser to the court and as a representative of the interests of public security holders; third, the court must approve any proposed plan of reorganization, and prior to such approval, acceptances of creditors and shareholders may not be solicited; fourth, the court must apply the absolute priority rule; and fifth, the court has the power to affect, and grant the debtor a discharge in respect of, all types of claims, whether secured or unsecured and whether arising by reason of fraud or breach of contract. The Senate amendment consolidates chapters X, XI, and XII (chapters 10, 11, and 12 of former title 11), but establishes a separate and distinct reorganization procedure for 'public companies.' The special provisions applicable to 'public companies' are tantamount to the codification of chapter X of the existing Bankruptcy Act and thus result in the creation of a 'two-track system.' The narrow definition of the term 'public company' would require many businesses which could have been rehabilitated under chapter XI to instead use the more cumbersome procedures of chapter X, whether needed or not. The special provisions of the Senate amendment applicable to a 'public company' are as follows: (a) Section 1101(3) defines a 'public company' as a debtor who, within 12 months prior to the filing of the petition, had outstanding $5 million or more in debt and had not less than 1000 security holders; (b) Section 1104(a) requires the appointment of a disinterested trustee irrespective of whether creditors support such appointment and whether there is cause for such appointment; (c) Section 1125(f) prohibits the solicitation of acceptances of a plan of reorganization prior to court approval of such plan even though the solicitation complies with all applicable securities laws; (d) Section 1128(a) requires the court to conduct a hearing on any plan of reorganization proposed by the trustee or any other party; (e) Section 1128(b) requires the court to refer any plans 'worthy of consideration' to the Securities and Exchange Commission for their examination and report, prior to court approval of a plan; and (f) Section 1128(c) and section 1130(a)(7) requires the court to approve a plan or plans which are 'fair and equitable' and comply with the other provisions of chapter 11. The record of the Senate hearings on S. 2266 and the House hearings on H.R. 8200 is replete with evidence of the failure of the reorganization provisions of the existing Bankruptcy Act (former title 11) to meet the needs of insolvent corporations in today's business environment. Chapter X (chapter 10 of former title 11) was designed to impose rigid and formalized procedures upon the reorganization of corporations and, although designed to protect public creditors, has often worked to the detriment of such creditors. As the House report has noted: The negative results under chapter X (chapter 10 of former title 11) have resulted from the stilted procedures, under which management is always ousted and replaced by an independent trustee, the courts and the Securities and Exchange Commission examine the plan of reorganization in great detail, no matter how long that takes, and the court values the business, a time consuming and inherently uncertain procedure. The House amendment deletes the 'public company' exception, because it would codify the well recognized infirmities of chapter X (chapter 10 of former title 11), because it would extend the chapter X approach to a large number of new cases without regard to whether the rigid and formalized procedures of chapter X are needed, and because it is predicated upon the myth that provisions similar to those contained in chapter X are necessary for the protection of public investors. Bankruptcy practice in large reorganization cases has also changed substantially in the 40 years since the Chandler Act (June 22, 1938, ch. 575, 52 Stat. 883, amending former title 11) was enacted. This change is, in large part, attributable to the pervasive effect of the Federal securities laws and the extraordinary success of the Securities and Exchange Commission in sensitizing both management and members of the bar to the need for full disclosure and fair dealing in transactions involving publicly held securities. It is important to note that Congress passed the Chandler Act (June 22, 1938, ch. 575, 52 Stat. 883, amending former title 11) prior to enactment of the Trust Indenture Act of 1939 (15 U.S.C. section 77aaa et seq.) and prior to the definition and enforcement of the disclosure requirements of the Securities Act of 1933 (15 U.S.C. 77a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The judgments made by the 75th Congress in enacting the Chandler Act are not equally applicable to the financial markets of 1978. First of all, most public debenture holders are neither weak nor unsophisticated investors. In most cases, a significant portion of the holders of publicly issued debentures are sophisticated institutions, acting for their own account or as trustees for investment funds, pension funds, or private trusts. In addition, debenture holders, sophisticated, and unsophisticated alike, are represented by indenture trustees, qualified under section 77ggg of the Trust Indenture Act (probably should be 'section 307' which is 15 U.S.C. 77ggg). Given the high standard of care to which indenture trustees are bound, they are invariably active and sophisticated participants in efforts to rehabilitate corporate debtors in distress. It is also important to note that in 1938 when the Chandler Act (June 22, 1938, ch. 575, 52 Stat. 883, amending former title 11) was enacted, public investors commonly held senior, not subordinated, debentures and corporations were very often privately owned. In this environment, the absolute priority rule protected debenture holders from an erosion of their position in favor of equity holders. Today, however, if there are public security holders in a case, they are likely to be holders of subordinated debentures and equity and thus the application of the absolute priority rule under chapter X (chapter 10 of former title 11) leads to the exclusion, rather than the protection, of the public. The primary problem posed by chapter X (chapter 10 of former title 11) is delay. The modern corporation is a complex and multifaceted entity. Most corporations do not have a significant market share of the lines of business in which they compete. The success, and even the survival, of a corporation in contemporary markets depends on three elements: First, the ability to attract and hold skilled management; second, the ability to obtain credit; and third, the corporation's ability to project to the public an image of vitality. Over and over again, it is demonstrated that corporations which must avail themselves of the provisions of the Bankruptcy Act (former title 11) suffer appreciable deterioration if they are caught in a chapter X proceeding for any substantial period of time. There are exceptions to this rule. For example, King Resources filed a chapter X (chapter 10 of former title 11) petition in the District of Colorado and it emerged from such proceeding as a solvent corporation. The debtor's new found solvency was not, however, so much attributable to a brilliant rehabilitation program conceived by a trustee, but rather to a substantial appreciation in the value of the debtor's oil and uranium properties during the pendency of the proceedings. Likewise, Equity Funding is always cited as an example of a successful chapter X (chapter 10 of former title 11) case. But it should be noted that in Equity Funding there was no question about retaining existing management. Rather, Equity Funding involved fraud on a grand scale. Under the House amendment with the deletion of the mandatory appointment of a trustee in cases involving 'public companies,' a bankruptcy judge, in a case like Equity Funding, would presumably have little difficulty in concluding that a trustee should be appointed under section 1104(6). While I will not undertake to list the chapter X (chapter 10 of former title 11) failures, it is important to note a number of cases involving corporations which would be 'public companies' under the Senate amendment which have successfully skirted the shoals of chapter X and confirmed plans of arrangement in chapter XI (chapter 11 of former title 11). Among these are Daylin, Inc. ('Daylin') and Colwell Mortgage Investors ('Colwell'). Daylin filed a chapter XI (chapter 11 of former title 11) petition on February 26, 1975, and confirmed its plan of arrangement on October 20, 1976. The success of its turnaround is best evidenced by the fact that it had consolidated net income of $6,473,000 for the first three quarters of the 1978 fiscal year. Perhaps the best example of the contrast between chapter XI and chapter X (chapters 11 and 10 of former title 11) is the recent case of In re Colwell Mortgage Investors. Colwell negotiated a recapitalization plan with its institutional creditors, filed a proxy statement with the Securities and Exchange Commission, and solicited consents of its creditors and shareholders prior to filing its chapter XI petition. Thereafter, Colwell confirmed its plan of arrangement 41 days after filing its chapter XI petition. This result would have been impossible under the Senate amendment since Colwell would have been a 'public company.' There are a number of other corporations with publicly held debt which have successfully reorganized under chapter XI (chapter 11 of former title 11). Among these are National Mortgage Fund (NMF), which filed a chapter XI petition in the northern district of Ohio on June 30, 1976. Prior to commencement of the chapter XI proceeding, NMF filed a proxy statement with the Securities and Exchange Commission and solicited acceptances to a proposed plan of arrangement. The NMF plan was subsequently confirmed on December 14, 1976. The Securities and Exchange Commission did not file a motion under section 328 of the Bankruptcy Act (section 728 of former title 11) to transfer the case to chapter X (chapter 10 of former title 11) and a transfer motion which was filed by private parties was denied by the court. While there are other examples of large publicly held companies which have successfully reorganized in chapter XI (chapter 11 of former title 11), including Esgrow, Inc. (C.D.Cal. 73-02510), Sherwood Diversified Services Inc. (S.D.N.Y. 73-B-213), and United Merchants and Manufacturers, Inc. (S.D.N.Y. 77-B-1513), the numerous successful chapter XI cases demonstrate two points: first, the complicated and time-consuming provisions of chapter X (chapter 10 of former title 11) are not always necessary for the successful reorganization of a company with publicly held debt, and second, the more flexible provisions in chapter XI permit a debtor to obtain relief under the Bankruptcy Act (former title 11) in significantly less time than is required to confirm a plan of reorganization under chapter X of the Bankruptcy Act. One cannot overemphasize the advantages of speed and simplicity to both creditors and debtors. Chapter XI (chapter 11 of former title 11) allows a debtor to negotiate a plan outside of court and, having reached a settlement with a majority in number and amount of each class of creditors, permits the debtor to bind all unsecured creditors to the terms of the arrangement. From the perspective of creditors, early confirmation of a plan of arrangement: first, generally reduces administrative expenses which have priority over the claims of unsecured creditors; second, permits creditors to receive prompt distributions on their claims with respect to which interest does not accrue after the filing date; and third, increases the ultimate recovery on creditor claims by minimizing the adverse effect on the business which often accompanies efforts to operate an enterprise under the protection of the Bankruptcy Act (former title 11). Although chapter XI (chapter 11 of former title 11) offers the corporate debtor flexibility and continuity of management, successful rehabilitation under chapter XI is often impossible for a number of reasons. First, chapter XI does not permit a debtor to 'affect' secured creditors or shareholders, in the absence of their consent. Second, whereas a debtor corporation in chapter X (chapter 10 of former title 11), upon the consummation of the plan or reorganization, is discharged from all its debts and liabilities, a corporation in chapter XI may not be able to get a discharge in respect of certain kinds of claims including fraud claims, even in cases where the debtor is being operated under new management. The language of chapter 11 in the House amendment solves these problems and thus increases the utility and flexibility of the new chapter 11, as compared to chapter XI of the existing Bankruptcy Act (chapter 11 of former title 11). Those who would urge the adoption of a two-track system have two major obstacles to meet. First, the practical experience of those involved in business rehabilitation cases, practitioners, debtors, and bankruptcy judges, has been that the more simple and expeditious procedures of chapter XI (chapter 11 of former title 11) are appropriate in the great majority of cases. While attempts have been made to convince the courts that a chapter X (chapter 10 of former title 11) proceeding is required in every case where public debt is present, the courts have categorically rejected such arguments. Second, chapter X has been far from a success. Of the 991 chapter X cases filed during the period of January 1, 1967, through December 31, 1977, only 664 have been terminated. Of those cases recorded as 'terminated,' only 140 resulted in consummated plans. This 21 percent success rate suggests one of the reasons for the unpopularity of chapter X. In summary, it has been the experience of the great majority of those who have testified before the Senate and House subcommittees that a consolidated approach to business rehabilitation is warranted. Such approach is adopted in the House amendment. Having discussed the general reasons why chapter 11 of the House amendment is sorely needed, a brief discussion of the differences between the House bill, Senate amendment, and the House amendment, is in order. Since chapter 11 of the House amendment rejects the concept of separate treatment for a public company, sections 1101(3), 1104(a), 1125(f), 1128, and 1130(a)(7) of the Senate amendment have been deleted. AMENDMENTS 1988 - Pub. L. 100-334, Sec. 2(c), June 16, 1988, 102 Stat. 613, added item 1114. 1984 - Pub. L. 98-353, title III, Sec. 514(b), 541(b), July 10, 1984, 98 Stat. 387, 391, added item 1113 and substituted 'Implementation' for 'Execution' in item 1142. 1983 - Pub. L. 97-449, Sec. 5(a)(1), Jan. 12, 1983, 96 Stat. 2442, substituted 'subtitle IV of title 49' for 'Interstate Commerce Act' in item 1166. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 103, 109, 303, 326, 327, 329, 346, 347, 362, 363, 365, 502, 503, 706, 1102, 1203, 1301, 1306, 1307 of this title; title 26 sections 108, 1398, 6012; title 28 sections 157, 586, 1930; title 29 sections 1341, 1342. ------DocID 15143 Document 3 of 646------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 11 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 11. - Involuntary Case: Creditors' Petition -STATUTE- (CAPTION AS IN FORM NO. 1) INVOLUNTARY CASE: CREDITORS' PETITION 1. Petitioners, XXXXXXX XXXXX, of *XXXXXXXX, and XXXXXXXX XXX, of *XXXXXXXX, and XXXXXXX XXXXX, of *XXXXXXXXXXXXXX, are creditors of XXXXXXXXXX, of *XXXXXXXXXX XXXXXXXX (include county), holding claims against the debtor, not contingent as to liability and not subject to bona fide dispute, amounting in the aggregate, in excess of the value of any lien held by them on the debtor's property securing such claims, to at least $5000. The nature and amount of petitioners' claims are as follows: XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX 2. The debtor's principal place of business (or principal assets or domicile or residence) has been within this district for the 180 days preceding the filing of this petition (or for a longer portion of the 180 days preceding the filing of this petition than in any other district). 3. The debtor is a person against whom an order for relief may be entered under title 11, United States Code. 4. (The debtor is generally not paying its debts which are not subject to bona fide dispute as they become due as indicated by the f XXXXXXXXXXXXXXXXXXXXXXXXX.) or (Within 120 days preceding the filing of this petition, a custodian was appointed for or has taken possession of substantially all of the property of the debtor, as follows: XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX.) WHEREFORE petitioners pray that an order of relief be entered againstXXXXXXXX under chapter 7 (or 11) of title 11, United States Code. Signed: XXXXXXXXXXXXXX, Attorney for Petitioners. Address:XXXXXXXXXXXXXX XXXXXXXXXXXXXX (Petitioners sign if not represented by attorney) XXXXXXXXXXXXXX, XXXXXXXXXXXXXX, XXXXXXXXXXXXXX, Petitioners. I, XXXXXXXX, one of the petitioners named in the foregoing petition, declare under penalty of perjury that the foregoing is true and correct according to the best of my knowledge, information, and belief. Executed on XXXXXXXX Signature: XXXXXXXX, Petitioner. * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The requisites for an involuntary petition are specified in Sec. 303 of the Code. 28 U.S.C. Sec. 1746 permits the unsworn declaration in lieu of a verification. See Advisory Committee Note to Form No. 1. NOTES OF ADVISORY COMMITTEE ON RULES - 1986 AMENDMENT The inclusion in paragraphs 1 and 4 of the allegations that the debts are not subject to bona fide dispute reflects the requirements added to Sec. 303(b)(i) and 303(h)(i) of the Code by the 1984 amendments. ------DocID 7947 Document 4 of 646------ -CITE- 5 USC CHAPTER 11 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- CHAPTER 11 - OFFICE OF PERSONNEL MANAGEMENT -MISC1- Sec. 1101. Office of Personnel Management. 1102. Director; Deputy Director; Associate Directors. 1103. Functions of the Director. 1104. Delegation of authority for personnel management. 1105. Administrative procedure. AMENDMENTS 1978 - Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119, substituted in chapter heading 'OFFICE OF PERSONNEL MANAGEMENT' for 'ORGANIZATION', in item 1101 'Office of Personnel Management' for 'Appointment of Commissioners', in item 1102 'Director; Deputy Director; Associate Directors' for 'Term of office; filling vacancies; removal', in item 1103 'Functions of the Director' for 'Chairman; Vice Chairman; Executive Director', in item 1104 'Delegation of authority for personnel management' for 'Functions of Chairman', and in item 1105 'Administrative procedure' for 'Boards of examiners'. ------DocID 8879 Document 5 of 646------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 11 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 11. Availability of transcripts; 'agency proceeding' -STATUTE- (a) Except where prohibited by contractual agreements entered into prior to the effective date of this Act, agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of agency proceedings or advisory committee meetings. (b) As used in this section 'agency proceeding' means any proceeding as defined in section 551(12) of title 5, United States Code. -SOURCE- (Pub. L. 92-463, Sec. 11, Oct. 6, 1972, 86 Stat. 775.) -REFTEXT- REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a), as meaning effective upon expiration of ninety days following enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub. L. 92-463. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 4806; title 19 sections 2155, 2605; title 42 section 6273; title 50 App. section 2158a. ------DocID 8901 Document 6 of 646------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 11 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 11. Definitions -STATUTE- As used in this Act - (1) the term 'head of the establishment' means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, or the Treasury; the Attorney General; the Administrator of the Agency for International Development, Environmental Protection, General Services, National Aeronautics and Space, Small Business, or Veterans' Affairs; the Director of the Federal Emergency Management Agency, the Office of Personnel Management or the United States Information Agency; the Chairman of the Nuclear Regulatory Commission or the Railroad Retirement Board (FOOTNOTE 1) the Oversight Board and the Board of Directors of the Resolution Trust Corporation; as the case may be; (FOOTNOTE 1) So in original. Probably should be followed by a semicolon. (2) the term 'establishment' means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, or the Treasury; the Agency for International Development, the Environmental Protection Agency, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Resolution Trust Corporation, the Small Business Administration, the United States Information Agency, or the Veterans' Administration; as the case may be; (3) the term 'Inspector General' means the Inspector General of an establishment; (4) the term 'Office' means the Office of Inspector General of an establishment; and (5) the term 'Federal agency' means an agency as defined in section 552(e) of title 5 (including an establishment as defined in paragraph (2)), United States Code, but shall not be construed to include the General Accounting Office. -SOURCE- (Pub. L. 95-452, Sec. 11, Oct. 12, 1978, 92 Stat. 1109; Pub. L. 96-88, title V, Sec. 509(n)(3), (4), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-113, title VII, Sec. 705(a)(2), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97-252, title XI, Sec. 1117(a)(4), (5), Sept. 8, 1982, 96 Stat. 750; Pub. L. 99-93, title I, Sec. 150(a)(2), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(2), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100-504, title I, Sec. 102(c), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100-527, Sec. 13(h)(2), (3), Oct. 5, 1988, 102 Stat. 2643; Pub. L. 101-73, title V, Sec. 501(b)(1), Aug. 9, 1989, 103 Stat. 393.) -MISC1- AMENDMENTS 1989 - Par. (1). Pub. L. 101-73, Sec. 501(b)(1)(A), which directed the amendment of par. (1) by inserting 'the Oversight Board and the Board of Directors of the Resolution Trust Corporation' before '; as the case may be,', was executed by making the insertion before '; as the case may be;' as the probable intent of Congress. Par. (2). Pub. L. 101-73, Sec. 501(b)(1)(B), inserted 'the Resolution Trust Corporation,' after 'the Railroad Retirement Board,'. 1988 - Pars. (1), (2). Pub. L. 100-527, Sec. 13(h)(2), (3), substituted 'Transportation, or Veterans' Affairs,' for 'or Transportation' and 'or Small Business' for 'Small Business, or Veterans' Affairs' in par. (1), and substituted 'Transportation, or Veterans Affairs,' for 'or Transportation' and 'or the United States Information Agency' for 'the United States Information Agency or the Veterans' Administration' in par. (2). Pub. L. 100-504 added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: '(1) the term 'head of the establishment' means the Secretary of Agriculture, Commerce, Defense, Education, Housing and Urban Development, the Interior, Labor, State, Transportation, or Veterans' Affairs, or the Administrator of the Agency for International Development, Community Services, Environmental Protection, General Services, National Aeronautics and Space, or Small Business, or the Director of the United States Information Agency as the case may be; '(2) the term 'establishment' means the Department of Agriculture, Commerce, Defense, Education, Housing and Urban Development, the Interior, Labor, State, Transportation, or Veterans Affairs, or the Agency for International Development, the Community Services Administration, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the Small Business Administration, or the United States Information Agency, as the case may be;'. 1986 - Pars. (1), (2). Pub. L. 99-399 inserted 'or the Director of the United States Information Agency' in par. (1) and 'the United States Information Agency' in par. (2). 1985 - Pars. (1), (2). Pub. L. 99-93 inserted 'State,' after 'Labor,'. 1982 - Pars. (1), (2). Pub. L. 97-252 inserted 'Defense,' after 'Commerce,'. 1981 - Pars. (1), (2). Pub. L. 97-113 inserted 'the Agency for International Development,' after 'Administrator of' in par. (1), and inserted 'the Agency for International Development,' after 'Transportation or' in par. (2). 1979 - Pars. (1), (2). Pub. L. 96-88 inserted 'Education,' after 'Commerce,'. -CHANGE- CHANGE OF NAME References to Administrator of Veterans' Affairs and to Veterans' Administration deemed to refer to Secretary of Veterans Affairs and to Department of Veterans Affairs, respectively, pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 in this Appendix. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. -TRANS- COMMUNITY SERVICES ADMINISTRATION The Community Services Administration, which was established by section 601 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), was terminated when the Economic Opportunity Act of 1964, Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was established in the Department of Health and Human Services by section 676 of Pub. L. 97-35, which is classified to 42 U.S.C. 9905. -MISC5- OFFICE OF INSPECTOR GENERAL OF RESOLUTION TRUST CORPORATION; AUTHORIZATION OF APPROPRIATIONS Section 501(b)(2)(B) of Pub. L. 101-73 provided that: 'There is hereby authorized to be appropriated such sums as may be necessary for the operation of the Office of Inspector General established by the amendment made by paragraph (1) of this subsection (amending this section).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 sections 3929, 4861; title 31 sections 1105, 3801. ------DocID 8964 Document 7 of 646------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 11 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 11 OF 1950 -MISC1- Reorganization Plan No. 11 of 1950, which proposed reorganizations in the Federal Communications Commission, was submitted to Congress on Mar. 13, 1950, and was disapproved by the Senate on May 17, 1950. ------DocID 9081 Document 8 of 646------ -CITE- 7 USC Sec. 11 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 11. Vacation on request of designation as 'contract market'; redesignation -STATUTE- Any board of trade that has been designated a contract market in the manner provided in this chapter may have such designation vacated and set aside by giving notice in writing to the Commission requesting that its designation as a contract market be vacated, which notice shall be served at least ninety days prior to the date named therein as the date when the vacation of designation shall take effect. Upon receipt of such notice the Commission shall forthwith order the vacation of the designation of such board of trade as a contract market, effective upon the day named in the notice, and shall forthwith send a copy of the notice and its order to all other contract markets. From and after the date upon which the vacation became effective the said board of trade can thereafter be designated again a contract market by making application to the Commission in the manner in this chapter provided for an original application. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 7, 42 Stat. 1002; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (e), 88 Stat. 1392.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-463 substituted 'Commission' for 'Secretary of Agriculture' and 'its order' for 'his order'. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-463, see section 418 of Pub. L. 93-463, set out as a note under section 2 of this title. ------DocID 9394 Document 9 of 646------ -CITE- 7 USC CHAPTER 11 -EXPCITE- TITLE 7 CHAPTER 11 -HEAD- CHAPTER 11 - HONEYBEES -MISC1- Sec. 281. Importation of honeybees and honeybee semen restricted. (a) Honeybees. (b) Honeybee semen. (c) Rules and regulations. (d) Destruction or immediate exportation of nonexcepted honeybees or honeybee semen offered for import or intercepted. (e) 'Honeybee' defined. 282. Punishment for unlawful importation. 283. Propagation of stock and release of germ plasm. 284. Eradication and control of undesirable species and subspecies. (a) Operations in United States. (b) Cooperation with certain foreign governments; measure and character; consultation with Secretary of State. (c) Responsibility for authority to carry out operations. 285. Uses of funds. 286. Authorization of appropriations. ------DocID 11538 Document 10 of 646------ -CITE- 8 USC CHAPTER 11 -EXPCITE- TITLE 8 CHAPTER 11 -HEAD- CHAPTER 11 - NATIONALITY ------DocID 11774 Document 11 of 646------ -CITE- 9 USC Sec. 11 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 11. Same; modification or correction; grounds; order -STATUTE- In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration - (a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the controversy. The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 673.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 11, 43 Stat. 885. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title; title 5 sections 590, 591; title 41 section 607. ------DocID 11883 Document 12 of 646------ -CITE- 10 USC CHAPTER 11 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 11 -HEAD- CHAPTER 11 - RESERVE COMPONENTS -MISC1- Sec. 261. Reserve components named. 262. Purpose. 263. Basic policy for order into Federal service. 264. Reserve affairs: designation of general or flag officer of each armed force; personnel and logistic support for Reserves. 265. Policies and regulations: participation of reserve officers in preparation and administration. 266. Boards for appointment, promotion, and certain other purposes: composition. 267. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of members. 268. Ready Reserve. 269. Ready Reserve: placement in; transfer from. 270. Ready Reserve: training requirements. 271. Ready Reserve: continuous screening. 272. Ready Reserve: transfer back from Standby Reserve. 273. Standby Reserve: composition; inactive status list. 274. Retired Reserve. 275. Personnel records. 276. Mobilization forces: maintenance. 277. Regular and reserve components: discrimination prohibited. 278. Dissemination of information. (279. Repealed.) 280. Regulations. 281. Adjutants general and assistant adjutants general: reference to other officers of National Guard. AMENDMENTS 1984 - Pub. L. 98-525, title XIV, Sec. 1405(7)(C), Oct. 19, 1984, 98 Stat. 2622, in item 264 substituted 'armed force' for 'military department' and 'Reserves' for 'reserves' and struck out '; reports to Congress' at end. 1978 - Pub. L. 95-485, title IV, Sec. 406(b)(2), Oct. 20, 1978, 92 Stat. 1616, struck out item 279 'Training reports'. 1967 - Pub. L. 90-168, Sec. 2(7), Dec. 1, 1967, 81 Stat. 522, substituted 'designation of general or flag officers of each military department; personnel and logistic support for reserves; reports to Congress' for 'responsibility for' in item 264. 1960 - Pub. L. 86-559, Sec. 1(2)(D), June 30, 1960, 74 Stat. 264, added item 281. 1958 - Pub. L. 85-861, Sec. 1(6), Sept. 2, 1958, 72 Stat. 1439, added items 270, 271, 272 and 279. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 280 of this title. ------DocID 14593 Document 13 of 646------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 11 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS CLERK'S OFFICE -HEAD- Rule 11. Calendar -STATUTE- (a) The Clerk shall prepare a calendar, consisting of the cases that have become or will be available for hearing, which shall be arranged in the first instance in the chronological order in which petitions for grant of review have been granted or certified questions and mandatory appeals have been filed with the Court. The arrangement of cases on the calendar shall be subject to modification in light of the availability of pleadings, extensions of time to file briefs, and orders to advance or specially set cases for hearing. (b) The Clerk shall periodically publish hearing lists in advance of each Court session for the convenience of counsel and the information of the public. (c) The Clerk shall advise counsel when they are required to be present in Court. See Rule 40(b)(1). (d) Cases may be advanced or postponed by order of the Court, upon motion duly made showing good cause therefor, or on the Court's own motion. See Rule 40(b). (e) Two or more cases involving the same question may, on the Court's own order or by special permission, be heard together as one case or on such terms as may be prescribed. ------DocID 14651 Document 14 of 646------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 11 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 11. Assignment of counsel -STATUTE- (a) When a record of trial is referred to the Court - (1) if the accused has requested representation by appellate defense counsel, pursuant to Article 70(c)(1), counsel detailed pursuant to Article 70(a) will be assigned to represent the accused; (2) if the accused gives notice that he or she has retained or has taken action to retain civilian counsel, appellate defense counsel shall be assigned to represent the interests of the accused pending appearance of civilian counsel. Assigned defense counsel will continue to assist after appearance by civilian counsel unless excused by the accused; (3) if the accused has neither requested appellate counsel nor given notice of action to retain civilian counsel, but has not waived representation by counsel, apellate defense counsel will be assigned to represent the accused, subject to excusal by the accused or by direction of the Court. (b) In any case - (1) the Court may request counsel when counsel have not been assigned; (2) pursuant to Article 70(c)(2), appellate defense counsel will represent the accused when the United States is represented by counsel before the Court. ------DocID 7098 Document 15 of 646------ -CITE- 2 USC Sec. 61a-11 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-11. Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions -STATUTE- Effective October 1, 1981, all statutory positions in the Office of the Secretary (other than the positions of the Secretary of the Senate, Assistant Secretary of the Senate, Parliamentarian, Financial Clerk, and Director of the Office of Classified National Security Information) are abolished, and in lieu of the positions hereby abolished the Secretary of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Secretary of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Secretary of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. -SOURCE- (Pub. L. 97-51, Sec. 114, Oct. 1, 1981, 95 Stat. 963.) -MISC1- INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 14671 Document 16 of 646------ -CITE- 11 USC CHAPTER 1 -EXPCITE- TITLE 11 CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- Sec. 101. Definitions. 102. Rules of construction. 103. Applicability of chapters. 104. Adjustment of dollar amounts. 105. Power of court. 106. Waiver of sovereign immunity. 107. Public access to papers. 108. Extension of time. 109. Who may be a debtor. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 103 of this title; title 15 section 78fff. ------DocID 14672 Document 17 of 646------ -CITE- 11 USC Sec. 101 -EXPCITE- TITLE 11 CHAPTER 1 -HEAD- Sec. 101. Definitions -STATUTE- In this title - (1) 'accountant' means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized; (2) 'affiliate' means - (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities - (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities - (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement; (3) 'Federal depository institutions regulatory agency' means - (A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act) for which no conservator or receiver has been appointed, the appropriate Federal banking agency (as defined in section 3(q) of such Act); (B) with respect to an insured credit union (including an insured credit union for which the National Credit Union Administration has been appointed conservator or liquidating agent), the National Credit Union Administration; (C) with respect to any insured depository institution for which the Resolution Trust Corporation has been appointed conservator or receiver, the Resolution Trust Corporation; and (D) with respect to any insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, the Federal Deposit Insurance Corporation; (4) 'attorney' means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law; (5) 'claim' means - (A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured; (6) 'commodity broker' means futures commission merchant, foreign futures commission merchant, clearing organization, leverage transaction merchant, or commodity options dealer, as defined in section 761 of this title, with respect to which there is a customer, as defined in section 761(9) of this title; (7) 'community claim' means claim that arose before the commencement of the case concerning the debtor for which property of the kind specified in section 541(a)(2) of this title is liable, whether or not there is any such property at the time of the commencement of the case; (8) 'consumer debt' means debt incurred by an individual primarily for a personal, family, or household purpose; (9) 'corporation' - (A) includes - (i) association having a power or privilege that a private corporation, but not an individual or a partnership, possesses; (ii) partnership association organized under a law that makes only the capital subscribed responsible for the debts of such association; (iii) joint-stock company; (iv) unincorporated company or association; or (v) business trust; but (B) does not include limited partnership; (10) 'creditor' means - (A) entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor; (B) entity that has a claim against the estate of a kind specified in section 348(d), 502(f), 502(g), 502(h) or 502(i) of this title; or (C) entity that has a community claim; (11) 'custodian' means - (A) receiver or trustee of any of the property of the debtor, appointed in a case or proceeding not under this title; (B) assignee under a general assignment for the benefit of the debtor's creditors; or (C) trustee, receiver, or agent under applicable law, or under a contract, that is appointed or authorized to take charge of property of the debtor for the purpose of enforcing a lien against such property, or for the purpose of general administration of such property for the benefit of the debtor's creditors; (12) 'debt' means liability on a claim; (13) 'debtor' means person or municipality concerning which a case under this title has been commenced; (14) 'disinterested person' means person that - (A) is not a creditor, an equity security holder, or an insider; (B) is not and was not an investment banker for any outstanding security of the debtor; (C) has not been, within three years before the date of the filing of the petition, an investment banker for a security of the debtor, or an attorney for such an investment banker in connection with the offer, sale, or issuance of a security of the debtor; (D) is not and was not, within two years before the date of the filing of the petition, a director, officer, or employee of the debtor or of an investment banker specified in subparagraph (B) or (C) of this paragraph; and (E) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor or an investment banker specified in subparagraph (B) or (C) of this paragraph, or for any other reason; (15) 'entity' includes person, estate, trust, governmental unit, and United States trustee; (16) 'equity security' means - (A) share in a corporation, w