11 U.S.C. § 558

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)
Section 558 - Defenses of the estate

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

Added Pub. L. 98-353, title III, §470(a), July 10, 1984, 98 Stat. 380.

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.