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# United States Code/Title 11/Chapter 11/Section 1102

§ 1102. Creditors’ and equity security holders’ committees
    (a)
       (1) Except as provided in paragraph (3), as soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate.
       (2) On request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee.
       (3) On request of a party in interest in a case in which the debtor is a small business debtor and for cause, the court may order that a committee of creditors not be appointed.
       (4) On request of a party in interest and after notice and a hearing, the court may order the United States trustee to change the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors or equity security holders. The court may order the United States trustee to increase the number of members of a committee to include a creditor that is a small business concern (as described in section 3(a)(1) of the Small Business Act), if the court determines that the creditor holds claims (of the kind represented by the committee) the aggregate amount of which, in comparison to the annual gross revenue of that creditor, is disproportionately large.
    (b)
       (1) A committee of creditors appointed under subsection (a) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest claims against the debtor of the kinds represented on such committee, or of the members of a committee organized by creditors before the commencement of the case under this chapter, if such committee was fairly chosen and is representative of the different kinds of claims to be represented.
       (2) A committee of equity security holders appointed under subsection (a)(2) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest amounts of equity securities of the debtor of the kinds represented on such committee.
       (3) A committee appointed under subsection (a) shall—
          (A) provide access to information for creditors who—
             (i) hold claims of the kind represented by that committee; and
             (ii) are not appointed to the committee;
          (B) solicit and receive comments from the creditors described in subparagraph (A); and
          (C) be subject to a court order that compels any additional report or disclosure to be made to the creditors described in subparagraph (A).
# United States Code/Title 11/Chapter 11/Section 1108

§ 1108. Authorization to operate business
Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may operate the debtor’s business.
# United States Code/Title 11/Chapter 11

SUBCHAPTER I—OFFICERS AND ADMINISTRATION
* § 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
* § 1115. Property of the estate
* § 1116. Duties of trustee or debtor in possession in small business cases
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
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# United States Code/Title 11/Chapter 11/Section 1105

§ 1105. Termination of trustee’s appointment
At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee’s appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor’s business.
# United States Code/Title 11/Chapter 11/Section 1103

§ 1103. Powers and duties of committees
    (a) At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present, and with the court’s approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents, to represent or perform services for such committee.
    (b) An attorney or accountant employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest.
    (c) A committee appointed under section 1102 of this title may—
       (1) consult with the trustee or debtor in possession concerning the administration of the case;
       (2) investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;
       (3) participate in the formulation of a plan, advise those represented by such committee of such committee’s determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan;
       (4) request the appointment of a trustee or examiner under section 1104 of this title; and
       (5) perform such other services as are in the interest of those represented.
    (d) As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper.
# United States Code/Title 11/Chapter 1/Section 112

The debtor may be required to provide information regarding a minor child involved in matters under this title but may not be required to disclose in the public records in the case the name of such minor child. The debtor may be required to disclose the name of such minor child in a nonpublic record that is maintained by the court and made available by the court for examination by the United States trustee, the trustee, and the auditor (if any) serving under section 586(f) of title 28, in the case. The court, the United States trustee, the trustee, and such auditor shall not disclose the name of such minor child maintained in such nonpublic record.

## SOURCE

(Added Pub. L. 109-8, title II, Sec. 233(a), Apr. 20, 2005, 119 Stat. 74.)

## EFFECTIVE DATE

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
# United States Code/Title 11/Chapter 11/Section 1107

§ 1107. Rights, powers, and duties of debtor in possession
    (a) Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections 1106 (a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.
    (b) Notwithstanding section 327 (a) of this title, a person is not disqualified for employment under section 327 of this title by a debtor in possession solely because of such person’s employment by or representation of the debtor before the commencement of the case.
# United States Code/Title 11/Chapter 11/Section 1101

§ 1101. Definitions for this chapter
In this chapter—
    (1) “debtor in possession” means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case;
    (2) “substantial consummation” means—
       (A) transfer of all or substantially all of the property proposed by the plan to be transferred;
       (B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and
       (C) commencement of distribution under the plan.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 28

Chap. XXVIII.—An Act to continue in force, for a limited time, an act intituled “An act to prescribe the mode of taking evidence in cases of contested elections for members of the House of Representatives of the United States, and to compel the attendance of witnesses.”
Act of Jan. 23, 1798, ch. 8.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act passed on the twenty-third day of January, one thousand seven hundred and ninety-eight, intituled “An act to prescribe the mode of taking evidence in cases of contested elections for members of the House of Representatives of the United States, and to compel the attendance of witnesses,” shall be and continue in force for the term of four years, and no longer.
Approved, April 22, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 34

Chap. XXXIV.—An Act respecting the Mint.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a sum ​Appropriation for the purchase of copper. Act of May 8, 1792, ch. 39.equal to the amount of the cents and half cents, which shall have been coined at the mint, and delivered to the treasurer of the United States, subsequent to the third day of March, in the year one thousand seven hundred and ninety-nine, shall be, and the same is hereby appropriated for the purchase of copper for the further coinage of cents and half cents; and that a sum equal to the amount of cents and half cents, which shall be hereafter coined at the mint, and delivered to the treasurer of the United States in any one year, shall be, and the same is hereby appropriated for the annual purchase of copper for the coinage of cents and half cents, which sums shall be payable out of any monies in the treasury not otherwise appropriated.
Part of bullion deposited, to be retained for the expense of refining. Vol. i. 440.Sec. 2. And be it further enacted, That there shall be retained from every deposit in the mint, of gold or silver bullion below the standard of the United States, such sum as shall be equivalent to the expense incurred in refining the same, and an accurate account of such expense on every such deposit shall be kept, and of the sums retained on account of the same, which shall be accounted for by the treasurer of the mint, with the treasury of the United States.
Approved, April 24, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 29

Chap. XXIX.—An Act fixing the rank and pay of the commanding officer of the Corps of Marines.
Lieutenant Colonel to be appointed. Act of July 11, 1798, ch. 72. Act of March 3, 1817, chap. 65. Office of Major of the corps abolished.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a lieutenant colonel commandant shall be appointed to command the corps of marines, and shall be entitled to the same pay and emoluments as a lieutenant-colonel in the army of the United States; any thing in the act for the establishing and organizing a marine corps to the contrary notwithstanding; and that the office of major of the said corps shall thereafter be abolished.
Approved, April 22, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 3

Chap. III.—An Act supplementary to the act, intituled “An act to provide for the valuation of Lands and Dwelling-houses, and the enumeration of Slaves, within the United States.”
Act of July 9, 1798. Commissioners may vary the valuations in subdivisions of assessment districts.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners appointed under the act to which this is a supplement, shall have power, on consideration and examination of the lists, returns, valuations and abstracts rendered by the assessors, to revise, adjust and vary the valuations of lands and dwelling—houses in each and every subdivision of the several assessment districts, by adding thereto, or deducting therefrom, such a rate per centum as shall appear to be just and reasonable: Provided, that the relative valuations of the different lots or tracts of land, or dwelling-houses in the same subdivision, shall not be changed or affected.
They may direct the variations to be made out by their clerk, &c.Sec. 2. And be it further enacted, That the said commissioners may direct the additions or deductions as aforesaid, to be made out and completed by the several principal assessors, or if they shall deem it more advisable, by their clerk and such assistants as they shall find necessary, and appoint for that purpose: Provided, that the compensation to be made to the said assistants shall not exceed the pay allowed to the assistant assessors, by the act to which this is a supplement.
Approved, January 2, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 30

Chap. XXX.—An Act supplementary to the Act to regulate trade and intercourse with the Indian Tribes, and to preserve peace on the Frontiers.
Act of March 30, 1802, ch. 12 Military officers, who may arrest any one in the Indian territory for violating the laws for the protection of the Indian territory, to take the person before a magistrate. Act of March 3, 1799, ch. 46.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the ​passing of this act, it shall be lawful for any military officer, who may have charge or custody of any person or persons, who may have been, or shall be apprehended in the Indian country, over and beyond the boundary line between the United States and the said Indian tribes, in violation of any of the provisions or regulations of the act, intituled “An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,” to conduct him or them to some one of the justices of the inferior or county court of any county nearest to the place of his arrest, who, if the offence if bailable, is hereby authorized to take proper bail, if offered, in like manner as the judge of the superior court of any state is authorized to do, in and by the act above recited; unless such person, holden in custody as aforesaid, shall be charged upon oath with murder, or any other offence punishable with death, in which case such justice of any inferior or county court shall not have authority to take bail for such person.
Approved, April 22, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 35

Chap. XXXV.—An Act to continue in force the act in addition to the act for the punishment of certain crimes against the United States.
Act of June 5, 1794, ch. 50.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act passed on the fifth day of June, one thousand seven hundred and ninety-four, intituled “An act in addition to the act for the punishment of certain crimes against the United States,” and which by the tenth section thereof was limited to continue in force for and during the term of two years from the passing the same, and from thence to the end of the next session of Congress thereafter, and no longer; and which said act was, by an act passed on the second day of March, one thousand seven hundred and ninety-seven, intituledAct of March 2, 1797, ch. 5. “An act to continue in force for a limited time, the act in addition to the act for the punishment of certain crimes against the United States,” further continued in force for two years from the said second day of March, one thousand seven hundred and ninety-seven, and from thence to the end of the next session of Congress thereafter, shall continue and be in force without limitation of time, any thing in any act to the contrary notwithstanding.
Approved, April 24, 1800.
# United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 27

Chap. XXVII.—An Act to continue in force the act intituled “An act to authorize the defence of the merchant vessels of the United States against French depredations.”
June 25, 1798, ch. 60.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed on the twenty-fifth day of June, one thousand seven hundred and ninety-eight, intituled “An act to authorize the defence of the merchant vessels of the United States against French depredations,” excepting such parts of the said act as relate to salvage in cases of recapture, shall continue and be in force for and during the term of one year, and from thence to the end of the next session of Congress thereafter, and no longer.
Approved, April 22, 1800.
# United States Statutes at Large/Volume 5/24th Congress/2nd Session/Resolution 4

No. 4. Resolution authorizing the Secretary of the Treasury to correct a clerical error in the award of the Commissioners under the treaty with France of eighteen hundred and thirty-one.
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled,In the case of the claim of the Union Bank of Maryland, the error to be corrected. That the Secretary of the Treasury be, and he hereby is authorized and directed, in making payment of the two last instalments to the claimants under the treaty of France of July four, eighteen hundred and thirty-one, to correct a clerical mistake which occurred in the award of the Commissioners in the case of the claim of the Union Bank of Maryland; by which mistake the sum of ten thousand dollars awarded to said bank, has gone to the use of all the other claimants; and that he correct such mistake by making the proper alteration in the proportion to be paid to the several claimants in the said two last instalments, so that the claimants shall obtain their just proportion of the whole indemnity and no more.
Approved, March 3, 1837.
# United States Statutes at Large/Volume 5/25th Congress/1st Session/Chapter 3

Chap. III.—An Act to regulate the Fees of District Attorneys in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Extension of bonds for duties. That in all cases of extension of the time of payment of bonds given for duties on imports, it shall be according to such directions as may be given by the Secretary of the Treasury; and the extension of payment of the old bond, or the taking of a new bond,No fee to accrue to any District Attorney on bonds left for collection, or in suits instituted on bonds for the renewal of which provision is made by law, unless, &c. shall be by the respective collectors subject to no other charge than such as may be legally receivable on the taking of an original bond, upon the entry of merchandise.
Sec. 2. And be it further enacted, That no fee shall accrue to any District Attorney on any bond left with him for collection, or in a suit commenced on any bond for the renewal of which provision is made by law, unless the party or parties shall neglect to apply for such renewal for more than twenty days after the maturity of such bond.
Approved, October 12, 1837.
# United States Statutes at Large/Volume 5/25th Congress/1st Session/Chapter 5

Chap. V.—An Act to amend an act, entitled “An act to provide for the payment of horses lost, or destroyed in the military service of the United States, approved January 18th, 1837.”
Act of Jan. 18, 1837, ch. 5. Horses, &c. turned over to the service of U. S. by order of a commanding officer, to be paid for. Claims to be adjusted by the 3d Auditor, &c. This act and the act to which it is an amendment to extend to mules. This act extended to cases where persons mentioned in former act have died in service, and his horse, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who has turned over to the service of the United States, his horse, saddle, bridle, or equipments, by the order of the commanding general, or other commanding officer, shall be paid the value thereof; That the claims provided for under this act shall be adjusted by the Third Auditor, under such rules as shall be prescribed by the Secretary of War, with the assent of the President. This act, and the act to which this is an amendment, shall extend to mules as well as to horses. Decisions under this act shall be recorded as they are required to be recorded by the act aforesaid, and payment shall be made as is required by that act. This act shall extend to cases where any person mentioned in the act of which ​this is an amendment shall have died in the service, and his horse, saddle, bridle, or equipments, shall have been turned over to an officer, or other person, for the benefit of the United States, by order of the officer commanding, and not restored to the representative of the deceased or paid for by the United States.
Approved, October 14, 1837.