Title 11, BankruptcyRelease 119-102
§904 Limitation on Jurisdiction and Powers of Court
Title 11 › CHAPTER 9 — ADJUSTMENT OF DEBTS OF A MUNICIPALITY › SUBCHAPTER I — GENERAL PROVISIONS › § 904
Summary
Courts may not, unless the debtor agrees or the plan allows it, stop or change the debtor’s political or government powers, its property or revenues, or its right to use income-producing property.
Full Legal Text
Title 11, §904
Bankruptcy, Source: USLM XML via OLRC
Notwithstanding any power of the court, unless the debtor consents or the plan so provides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with—
(1)any of the political or governmental powers of the debtor;
(2)any of the property or revenues of the debtor; or
(3)the debtor’s use or enjoyment of any income-producing property.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
senate report no. 95–989
This section adopts the policy of section 82(c) of current law [section 402(c) of former title 11]. The only change in this section from section 82(c) is to conform the section to the style and cross-references of S. 2266.
house report no. 95–595
This section adopts the policy of section 82(c) of current law [section 402(c) of former title 11]. The Usery case underlines the need for this limitation on the court’s powers. The only change in this section from section 82(c) is to conform the section to the style and cross-references of H.R. 8200. This section makes clear that the court may not interfere with the choices a municipality makes as to what services and benefits it will provide to its inhabitants.
Reference
Citations & Metadata
Citation
11 U.S.C. § 904
Title 11, Bankruptcy
Last Updated
Aug 21, 2026
Release point: 119-102