Title 11, BankruptcyRelease 119-102
§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
Summary
After notice and hearing, besides 363(f), the trustee may sell under 363(b)-(c) farmland, farm equipment, or commercial fishing property free of others’ claims; proceeds subject.
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
Aug 21, 2026
Release point: 119-102