§ 1303. Rights and powers of debtor
169 words·~1 min read·
/usc/title-11/section-1303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646.)
Historical and Revision Notes
legislative statements
Section 1303 of the House amendment specifies rights and powers that the debtor has exclusive of the trustees. The section does not imply that the debtor does not also possess other powers concurrently with the trustee. For example, although section 1323 is not specified in section 1303, certainly it is intended that the debtor has the power to sue and be sued.
senate report no. 95–989
A chapter 13 debtor is vested with the identical rights and powers, and is subject to the same limitations in regard to their exercise, as those given a liquidation trustee by virtue of section 363(b), (d), (e), (f), and
(h)of title 11, relating to the sale, use or lease of property.
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- Pub. L. 95–598
- 92 Stat. 2646
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§ 1303
Rights and powers of debtor
IRM×1
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2646
Cites 2Cited by 2 across 2 sources