Removal of debtor in possession

  1. Law
  2. USC 11
  3. Bankruptcy
  4. REORGANIZATION
  5. SMALL BUSINESS DEBTOR REORGANIZATION
  6. Removal of debtor in possession

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§1185. Removal of debtor in possession

(a) In General.-On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the date of commencement of the case, or for failure to perform the obligations of the debtor under a plan confirmed under this subchapter.

(b) Reinstatement.-On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.

(Added Pub. L. 116–54, §2(a), Aug. 23, 2019, 133 Stat. 1080 .)


Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title.


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