Bankruptcy Code

Bankruptcy is a legal declaration that allows some debtors to discharge their unsecured debts. The text of this statute is provided as general information to the public. It may be amended, revised, or rescinded at any time without notice. This information is not intended to be legal advice. For more information, please see our disclaimer.

11 U.S.C. § 103. Applicability of chapters

(a) Except as provided in section 1161 of this title [11 USCS § 1161], chapters 1, 3, and 5 of this title [11 USCS §§ 101 et seq., 301 et seq., and 501 et seq.] apply in a case under chapter 7, 11, 12, or 13 of this title [11 USCS §§ 701 et seq., 1101 et seq., 1201 et seq., or 1301 et seq.], and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 [11 USCS §§ 101 et seq., 307, 362(n), 555-557, and 559-562] apply in a case under chapter 15 [11 USCS §§ 1501 et seq.].

(b) Subchapters I and II of chapter 7 of this title [11 USCS §§ 701 et seq. and 721 et seq.] apply only in a case under such chapter [11 USCS §§ 701 et seq.].

(c) Subchapter III of chapter 7 of this title [11 USCS §§ 741 et seq.] applies only in a case under such chapter [11 USCS §§ 701 et seq.] concerning a stockholder.

(d) Subchapter IV of chapter 7 of this title [11 USCS §§ 761 et seq.] applies only in a case under such chapter [11 USCS §§ 701 et seq.] concerning a commodity broker.

(e) Scope of application. Subchapter V of chapter 7 of this title [11 USCS §§ 781 et seq.] shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act [12 USCS §§ 611 et seq.], which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991 [12 USCS § 4422].

(f) Except as provided in section 901 of this title [11 USCS § 901], only chapters 1 and 9 of this title [11 USCS §§ 101 et seq. and 901 et seq.] apply in a case under such chapter 9 [11 USCS §§ 901 et seq.].

(g) Except as provided in section 901 of this title [11 USCS § 901], subchapters I, II, and III of chapter 11 of this title [11 USCS §§ 1101 et seq., 1121 et seq., and 1141 et seq.] apply only in a case under such chapter [11 USCS §§ 1101 et seq.].

(h) Subchapter IV of chapter 11 of this title [11 USCS §§ 1161 et seq.] applies only in a case under such chapter [11 USCS §§ 1101 et seq.] concerning a railroad.

(i) Chapter 13 of this title [11 USCS §§ 1301 et seq.] applies only in a case under such chapter [11 USCS §§ 1301 et seq.].

(j) Chapter 12 of this title [11 USCS §§ 1201 et seq.] applies only in a case under such chapter.

(k) Chapter 15 [11 USCS §§ 1501 et seq.] applies only in a case under such chapter, except that--
(1) sections 1505, 1513, and 1514 [11 USCS §§ 1505, 1513, and 1514] apply in all cases under this title; and
(2) section 1509 [11 USCS § 1509] applies whether or not a case under this title is pending.