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.
References in Text
section 25A of the Federal Reserve Act, referred to in subsec. (e), popularly known as the Edge Act, is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see
Short Title
note set out under
section 611 of Title 12 and Tables.
section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in subsec. (e), was classified to
section 4422 of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title VII, § 740, July 21, 2010, 124 Stat. 1729.
Amendments
2020—Subsec. (i). Pub. L. 116–136 substituted “debtor (as defined in
section 1182)” for “small business debtor”. 2019—Subsecs. (i) to (l). Pub. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively. 2010—Subsec. (a). Pub. L. 111–327 substituted “362(o)” for “362(n)”. 2005—Subsec. (a). Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter,
section 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period. Subsec. (k). Pub. L. 109–8, § 802(a)(2), added subsec. (k). 2000—Subsecs. (e) to (j). Pub. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively. 1986—Subsec. (a). Pub. L. 99–554, § 252(1), inserted reference to chapter 12. Subsec. (i). Pub. L. 99–554, § 252(2), added subsec. (i). 1984—Subsec. (c). Pub. L. 98–353 substituted “stockbroker” for “stockholder”. 1982—Subsec. (d). Pub. L. 97–222 struck out “except with respect to
section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2019 AmendmentAmendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see
section 5 of Pub. L. 116–54, set out as a note under
section 101 of this title.
Effective Date
of 2005 AmendmentAmendment by Pub. L. 109–8 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 a note under
section 101 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see
section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure.
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see
section 552(a) of Pub. L. 98–353, set out as a note under
section 101 of this title.