Alhambra Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 1105

TITLE 11 - BANKRUPTCY
CHAPTER 11 - REORGANIZATION
    SUBCHAPTER I - OFFICERS AND ADMINISTRATION

-HEAD-
    Sec. 1105. Termination of trustee's appointment

-STATUTE-
      At any time before confirmation of a plan, on request of a party
    in interest or the United States trustee, and after notice and a
    hearing, the court may terminate the trustee's appointment and
    restore the debtor to possession and management of the property of
    the estate and of the operation of the debtor's business.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98-353, title
    III, Sec. 501, July 10, 1984, 98 Stat. 384; Pub. L. 99-554, title
    II, Sec. 223, Oct. 27, 1986, 100 Stat. 3102.)


                       HISTORICAL AND REVISION NOTES                   

                         SENATE REPORT NO. 95-989                     
      This section authorizes the court to terminate the trustee's
    appointment and to restore the debtor to possession and management
    of the property of the estate and to operation of the debtor's
    business. Section 1104(a) provides that this section does not apply
    in the case of a public company, for which the appointment of a
    trustee is mandatory.

                          HOUSE REPORT NO. 95-595                      
      This section authorizes the court to terminate the trustee's
    appointment and to restore the debtor to possession and management
    of the property of the estate, and to operation of the debtor's
    business. This section would permit the court to reverse its
    decision to order the appointment of a trustee in light of new
    evidence.

                                AMENDMENTS                            
      1986 - Pub. L. 99-554 inserted "or the United States trustee"
    after "party in interest".
      1984 - Pub. L. 98-353 substituted "estate and of the" for
    "estate, and".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Effective date and applicability of amendment by Pub. L. 99-554
    dependent upon the judicial district involved, see section 302(d),
    (e) of Pub. L. 99-554, set out as a note under section 581 of Title
    28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-353 effective with respect to cases filed
    90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353,
    set out as a note under section 101 of this title.

-End-
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