11 U.S.C. § 1185

§1185. Removal of debtor in possession

Edition 2024

U.S.C. Title 11 - BANKRUPTCY
11 U.S.C.

United States Code, 2024 Edition

Title 11 - BANKRUPTCY

CHAPTER 11 - REORGANIZATION

SUBCHAPTER V - SMALL BUSINESS DEBTOR REORGANIZATION

Sec. 1185 - Removal of debtor in possession

From the U.S. Government Publishing Office, www.gpo.gov

§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.

Official source