11 U.S.C. § 103

Applicability of chapters

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(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.(c) Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.(d) Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.(e)Scope of Application.—Subchapter V of chapter 7 of this title 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, which operates, or operates as, a multilateral clearing organization pursuant to section 409 11 See References in Text note below. of the Federal Deposit Insurance Corporation Improvement Act of 1991.(f) Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9.(g) Except as provided in section 901 of this title, subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.(h) Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.(i) Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a debtor (as defined in section 1182) elects that subchapter V of chapter 11 shall apply.(j) Chapter 13 of this title applies only in a case under such chapter.(k) Chapter 12 of this title applies only in a case under such chapter.(l) Chapter 15 applies only in a case under such chapter, except that—(1) sections 1505, 1513, and 1514 apply in all cases under this title; and(2) section 1509 applies whether or not a case under this title is pending.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97–222, § 2, July 27, 1982, 96 Stat. 235; Pub. L. 98–353, title III, § 423, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 252, Oct. 27, 1986, 100 Stat. 3104; Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–394; Pub. L. 109–8, title VIII, § 802(a), Apr. 20, 2005, 119 Stat. 145; Pub. L. 111–327, § 2(a)(2), Dec. 22, 2010, 124 Stat. 3557; Pub. L. 116–54, § 4(a)(2), Aug. 23, 2019, 133 Stat. 1085; Pub. L. 116–136, div. A, title I, § 1113(a)(2), Mar. 27, 2020, 134 Stat. 311.)Historical and Revision Notessenate report no. 95–989

Section 103 prescribes which chapters of the proposed bankruptcy code apply in various cases. All cases, other than cases ancillary to foreign proceedings, are filed under chapter 7, 9, 11, or 13, the operative chapters of the proposed bankruptcy code. The general provisions that apply no matter which chapter a case is filed under are found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with an exception for chapter 9. The other provisions, which are self-explanatory, provide the special rules for Stockbroker Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments, and Railroad Reorganizations.

Editorial NotesReferences in Text

Section 25A of the Federal Reserve Act, referred to in subsec. (e), popularly known as the Edge Act, is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 12 and Tables.

Section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in subsec. (e), was classified to section 4422 of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title VII, § 740, July 21, 2010, 124 Stat. 1729.

Amendments

2020—Subsec. (i). Pub. L. 116–136 substituted “debtor (as defined in section 1182)” for “small business debtor”.

2019—Subsecs. (i) to (l). Pub. L. 116–54 added subsec. (i) and redesignated former subsecs. (i) to (k) as (j) to (l), respectively.

2010—Subsec. (a). Pub. L. 111–327 substituted “362(o)” for “362(n)”.

2005—Subsec. (a). Pub. L. 109–8, § 802(a)(1), inserted “, and this chapter, sections 307, 362(n), 555 through 557, and 559 through 562 apply in a case under chapter 15” before period.

Subsec. (k). Pub. L. 109–8, § 802(a)(2), added subsec. (k).

2000—Subsecs. (e) to (j). Pub. L. 106–554 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

1986—Subsec. (a). Pub. L. 99–554, § 252(1), inserted reference to chapter 12.

Subsec. (i). Pub. L. 99–554, § 252(2), added subsec. (i).

1984—Subsec. (c). Pub. L. 98–353 substituted “stockbroker” for “stockholder”.

1982—Subsec. (d). Pub. L. 97–222 struck out “except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant” after “concerning a commodity broker”.

Statutory Notes and Related SubsidiariesEffective Date of 2019 Amendment

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

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) 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.

Notes of Decisions

Cited in 938 cases (39 in the last 5 years), 1927–2026 · leading case: Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008).

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Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008). · cites it 6× “9001 ("The definitions of words and phrases in . . . § 1101 .”

Dewsnup v. Timm, 502 U.S. 410 (1992). · cites it 2× “If petitioner's construction of § 506(d) were applied consistently in this fashion to the Code's various chapters, *430 see 11 U. S. C. § 103 (a) (providing that "chapters 1, 3, and 5 .”

Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993). · cites it 2× “See 11 U.S.C. § 103 (a). Under § 1322(b)(5), the plan may, “notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any .”

Matter of Scher, 12 B.R. 258 (Bankr. S.D.N.Y. 1981). · cites it 7× “11 U.S.C. § 103 (b) makes this plain. Scher’s schedules disclose $13,173.”

Reading Co. v. Brown, 391 U.S. 471 (1968). · cites it 4× “The United States, as a respondent, suggests instead that tort claims arising during an arrangement are, if properly preserved, provable general claims in any subsequent bankruptcy under § 63a of the Act, 11 U. S. C. § 103 (a). That section reads as follows: "Debts of the…”

Dawson v. Thomas (In Re Dawson), 411 B.R. 1 (D.D.C. 2008). · cites it 4× “(In re Henne-ghan), 2005 WL 2267185 , at *6 (Bankr. E.D.”

British Am. Ins. v. Fullerton (In re British Am. Ins.), 488 B.R. 205 (Bankr. S.D. Florida 2013). · cites it 4× “See 11 U.S.C. § 103 (applicability of Bankruptcy Code provisions under the various chapters).”

William Ochadleus v. City of Detroit, 838 F.3d 792 (6th Cir. 2016). · cites it 2× “§ 1101 (2),11 but does not appear in Chapter 9, see 11 U.S.C. §§ 103 (f), 103(g), & 901(a). Thus, they argue that, because “substantial consummation” is required for equitable mootness but omitted from Chapter 9, the entire doctrine of equitable mootness is barred from Chapter 9.”

Nicholas v. United States, 384 U.S. 678 (1966). · cites it 4× “[19] The general principle restricting post-bankruptcy interest to the relevant time period in which the underlying obligation was incurred is also consistent with § 63a (1) of the Bankruptcy Act, 11 U. S. C. § 103 (a) (1) (1964 ed.) (interest on judgments and written…”

In re Jefferson Cnty., 474 B.R. 228 (Bankr. N.D. Ala. 2012). · cites it 5× “11 U.S.C. §§ 103 (f), 901(a). This is how the stay provisions of § 362(a) and § 922(a) are made applicable to a chapter 9 ease.”

United States v. Waindel, 65 F.3d 1307 (5th Cir. 1995). · cites it 4× “See 11 U.S.C. § 103 (a). Our interpretation of the Code obviates the need to draw an extra-textual distinction.”

Oldden v. Tonto Realty Corp., 143 F.2d 916 (2d Cir. 1944). · cites it 5× “a(9), 11 U.S.C.A. § 103 , sub. a(9), however, there were added to the allowable claims in bankruptcy claims for anticipatory breach of contract, including unexpired leases of realty, but with the limitation that a landlord's claim for damages upon the rejection of an unexpired…”

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— 11 U.S.C. § 103(4) — 1 case

Cawthon v. Bancokentucky Co., 52 F.2d 850 (W.D. Ky. 1931).

— 11 U.S.C. § 103(a) — 16 cases

Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993). “See 11 U.S.C. § 103 (a). Under § 1322(b)(5), the plan may, “notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any .”

In re Rones, 531 B.R. 526 (Bankr. D.N.J. 2015).

In re Mensahnarh, 558 B.R. 134 (Bankr. D.N.J. 2016).

Lane v. Indus. Com'r of State of New York, 54 F.2d 338 (2d Cir. 1931).

Burns Mortg. Co. v. Bond Realty Corp., 47 F.2d 985 (5th Cir. 1931).

— 11 U.S.C. § 103(a)(1) — 6 cases

Kay v. Fed. Rubber Co., 46 F.2d 64 (3rd Cir. 1930).

In re Munsie, 32 F.2d 304 (D. Conn. 1929).

In re Adair Realty & Trust Co., 35 F.2d 531 (N.D. Ga. 1929).

Urban Props. Co. v. Irving Trust Co., 74 F.2d 654 (2d Cir. 1935).

In re Morgan, 39 F.2d 489 (D.N.J. 1930).

— 11 U.S.C. § 103(a)(4) — 2 cases

Urban Props. Co. v. Irving Trust Co., 74 F.2d 654 (2d Cir. 1935).

In Re Schechter, 39 F.2d 18 (3rd Cir. 1930).

— 11 U.S.C. § 103(b) — 3 cases

Banco Latino Int'l v. Gomez-Lopez (In Re Banco Latino Int'l), 310 B.R. 780 (S.D. Fla. 2004).

In Re Bancunity Corp., 36 F.2d 595 (S.D.N.Y. 1929).

In Re Barrett & Co., 27 F.2d 159 (S.D. Ga. 1928).

— 11 U.S.C. § 103(h) — 2 cases

Urban Props. Co. v. Irving Trust Co., 74 F.2d 654 (2d Cir. 1935).

In re Auerbach, 53 F.2d 482 (S.D.N.Y. 1931).

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