11 U.S.C. § 308
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(4)(A), are set out in the Appendix to this title.
AMENDMENTS2010-Subsec. (b). Pub. L. 111-327, §2(a)(10)(A), substituted "debtor in a small business case" for "small business debtor" in introductory provisions.Subsec. (b)(4) to (6). Pub. L. 111-327, §2(a)(10)(B), struck out subpar. (A) designation before "whether the debtor" in par. (4) and redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, redesignated former subpars. (B) and (C) of par. (4) as pars. (5) and (6), respectively, and, in par. (5), substituted "paragraph (4)(A)" for "subparagraph (A)(i)" and "paragraph (4)(B)" for "subparagraph (A)(ii)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 109-8, title IV, §434(b), Apr. 20, 2005, 119 Stat. 111, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect 60 days after the date on which rules are prescribed under section 2075 of title 28, United States Code, to establish forms to be used to comply with section 308 of title 11, United States Code, as added by subsection (a) [See Bankruptcy Form No. 25C, eff. Dec. 1, 2008]."
- 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.
- small business case
- The term "small business case" means a case filed under chapter 11 of this title in which the debtor is a small business debtor and has not elected that subchapter V of chapter 11 of this title shall apply.