Title 11, BankruptcyRelease 119-102
§558 Defenses of the Estate
Title 11 › CHAPTER 5 — CREDITORS, THE DEBTOR, AND THE ESTATE › SUBCHAPTER III — THE ESTATE › § 558
Summary
The bankruptcy estate can use any defense the debtor had against other people or companies—like time limits, rules about written contracts, illegal interest charges, or other personal defenses—and if the debtor gives up a defense after the case starts, that waiver does not stop the estate from using it.
Full Legal Text
Title 11, §558
Bankruptcy, Source: USLM XML via OLRC
The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as an
Effective Date
of 1984 Amendment note under section 101 of this title.
Reference
Citations & Metadata
Citation
11 U.S.C. § 558
Title 11, Bankruptcy
Last Updated
Aug 21, 2026
Release point: 119-102