11 U.S.C. § 1185

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1185 - Removal of debtor in possession

(a) IN GENERAL.-On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the date of commencement of the case, or for failure to perform the obligations of the debtor under a plan confirmed under this subchapter.

(b) REINSTATEMENT.-On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.

11 U.S.C. § 1185

Added Pub. L. 116-54, §2(a), Aug. 23, 2019, 133 Stat. 1080.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116-54 set out as an Effective Date of 2019 Amendment note under section 101 of this title.

debtor

The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.