(a)Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensation under section
330 of this title, and powers, and shall perform all the functions and duties, except the duties specified in sections
1106(a)(2), (3), and (4) of this title, of a trustee serving in a case under this chapter.
327(a) of this title, a person is not disqualified for employment under section
327 of this title by a debtor in possession solely because of such person’s employment by or representation of the debtor before the commencement of the case.
The House amendment adopts section 1107(b) of the Senate amendment which clarifies a point not covered by the House bill.
senate report no. 95–989
This section places a debtor in possession in the shoes of a trustee in every way. The debtor is given the rights and powers of a chapter 11 trustee. He is required to perform the functions and duties of a chapter 11 trustee (except the investigative duties). He is also subject to any limitations on a chapter 11 trustee, and to such other limitations and conditions as the court prescribes cf. Wolf v. Weinstein, 372 U.S. 633, 649–650 (1963).
1984—Subsec. (a). Pub. L. 98–353substituted “on a trustee serving in a case” for “on a trustee”.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) ofPub. L. 98–353, set out as a note under section
101 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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