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Title 11 — BankruptcyRelease 119-73not60

§1206 Sales Free of Interests

Title 11 › Chapter 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter I— OFFICERS, ADMINISTRATION, AND THE ESTATE › § 1206

Last updated Apr 3, 2026|Official source

Summary

After notice and a hearing, the trustee may, in addition to 363(f), sell farm and commercial-fishing property (including vessels/equipment) under 363(b)-(c) free of others' interests. Those interests attach to sale money.

Full Legal Text

Title 11, §1206

Bankruptcy — Source: USLM XML via OLRC

After notice and a hearing, in addition to the authorization contained in section 363(f), the trustee in a case under this chapter may sell property under section 363(b) and (c) free and clear of any interest in such property of an entity other than the estate if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel), except that the proceeds of such sale shall be subject to such interest.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2005—Pub. L. 109–8, § 1007(c)(3), substituted “if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel)” for “if the property is farmland or farm equipment”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by section 1007(c)(3) of 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

sPermanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For

Effective Date

s of section and

Amendments

extending periods for which section was reenacted prior to permanent reenactment, see

Effective Date

and

Effective Date

of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1206

Title 11 — Bankruptcy

Last Updated

Apr 3, 2026

Release point: 119-73not60