11 U.S.C. § 558
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
11 U.S.C. § 558
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353 set out as an Effective Date of 1984 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.
- entity
- The term "entity" includes person, estate, trust, governmental unit, and United States trustee.