§ 103. Applicability of chapters

1,044 words·~5 min read·/usc/title-11/section-103

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(a)Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.

(b)Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.

(c)Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.

(d)Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.

(e)Scope of Application.— Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 1 of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(f)Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.

(g)Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.

(h)Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.

(i)Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a debtor (as defined in section 1182) elects that subchapter V of chapter 11 shall apply.

(j)Chapter 13 of this title applies only in a case under such chapter.

(k)Chapter 12 of this title applies only in a case under such chapter.

(l)Chapter 15 applies only in a case under such chapter, except that—

(1)sections 1505, 1513, and 1514 apply in all cases under this title; and

(2)section 1509 applies whether or not a case under this title is pending.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97–222, § 2, July 27, 1982, 96 Stat. 235; Pub. L. 98–353, title III, § 423, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 252, Oct. 27, 1986, 100 Stat. 3104; Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–394; Pub. L. 109–8, title VIII, § 802(a), Apr. 20, 2005, 119 Stat. 145; Pub. L. 111–327, § 2(a)(2), Dec. 22, 2010, 124 Stat. 3557; Pub. L. 116–54, § 4(a)(2), Aug. 23, 2019, 133 Stat. 1085; Pub. L. 116–136, div. A, title I, § 1113(a)(2), Mar. 27, 2020, 134 Stat. 311.)

Historical and Revision Notes

senate report no. 95–989

Section 103 prescribes which chapters of the proposed bankruptcy code apply in various cases. All cases, other than cases ancillary to foreign proceedings, are filed under chapter 7, 9, 11, or 13, the operative chapters of the proposed bankruptcy code. The general provisions that apply no matter which chapter a case is filed under are found in chapters 1, 3, and 5. Subsection

(a)makes this explicit, with an exception for chapter 9. The other provisions, which are self-explanatory, provide the special rules for Stockbroker Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad Reorganizations.

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