§ 350. Closing and reopening cases
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/usc/title-11/section-350A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After an estate is fully administered and the court has discharged the trustee, the court shall close the case.
(b)A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98–353, title III, § 439, July 10, 1984, 98 Stat. 370.)
Historical and Revision Notes
senate report no. 95–989
Subsection
(a)requires the court to close a bankruptcy case after the estate is fully administered and the trustee discharged. The Rules of Bankruptcy Procedure will provide the procedure for case closing. Subsection
(b)permits reopening of the case to administer assets, to accord relief to the debtor, or for other cause. Though the court may permit reopening of a case so that the trustee may exercise an avoiding power, laches may constitute a bar to an action that has been delayed too long. The case may be reopened in the court in which it was closed. The rules will prescribe the procedure by which a case is reopened and how it will be conducted after reopening.
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U.S. Code
6 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2569
- Pub. L. 98–353, title III, § 439
- 98 Stat. 370
- Pub. L. 98–353
- section 552(a) of Pub. L. 98–353
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cites case law
§ 350
Closing and reopening cases
U.S.C.×4
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2569
Pub. L.Pub. L. 98–353, title III, § 439
Stat.98 Stat. 370
Pub. L.Pub. L. 98–353
Cites 7 · showing 6Cited by 5 across 2 sources