11 U.S.C. § 1101

Definitions for this chapter

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar

In this chapter—(1) “debtor in possession” means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case;(2) “substantial consummation” means—(A) transfer of all or substantially all of the property proposed by the plan to be transferred;(B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and(C) commencement of distribution under the plan.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2626.)Historical and Revision Notessenate report no. 95–989

This section contains definitions of three terms that are used in chapter 11. Paragraph (1) defines debtor in possession to mean the debtor, except when a trustee who has qualified in serving in the case.

Paragraph (2), derived from section 229a of current law [section 629(a) of former title 11], defines substantial consummation. Substantial consummation of a plan occurs when transfer of all or substantially all of the property proposed by the plan to be transferred is actually transferred; when the debtor (or its successor) has assumed the business of the debtor or the management of all or substantially all of the property dealt with by the plan; and when distribution under the plan has commenced.

Paragraph (3) defines for purposes of Chapter 11 a public company to mean “a debtor who, within 12 months prior to the filing of a petition for relief under this chapter, had outstanding liabilities of $5 million or more, exclusive of liabilities for goods, services, or taxes and not less than 1,000 security holders.” There are, as noted, special safeguards for public investors related to the reorganization of a public company, as so defined.

Both requirements must be met: liabilities, excluding tax obligations and trade liabilities, must be $5 million or more; and (2) the number of holders of securities, debt or equity, or both, must be not less than 1,000. The amount and number are to be determined as of any time within 12 months prior to the filing of the petition for reorganization.

Notes of Decisions

Cited in 1,252 cases (76 in the last 5 years), 1962–2026 · leading case: William Ochadleus v. City of Detroit, 838 F.3d 792 (6th Cir. 2016).

Sort: Relevance Newest Treatment

William Ochadleus v. City of Detroit, 838 F.3d 792 (6th Cir. 2016). · cites it 6× “See 11 U.S.C. § 1101 (2). “If a plan has been substantially consummated there is a greater likelihood that overturning the confirmation plan will have adverse effects on the success of the plan and on third parties.”

Marshall v. Marshall, 547 U.S. 293 (2006). · cites it 2× “Howard's fortune ignited proceedings in both state and federal courts.”

Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008). · cites it 5× “, 11 U.S.C. §§ 1101 , 1105, 1107. It is also used in Chapter 12 (family farmer or fisherman with regular income).”

In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, Tr., 697 F.2d 1280 (5th Cir. 1983). · cites it 4× “, 11 U.S.C. §§ 1101 et seq. The issue as to the allowance of the attorney’s fees stems principally from the provision of section 327(a) of the Code, 11 U.”

Dewsnup v. Timm, 502 U.S. 410 (1992). · cites it 2× “Before the foreclosure sale took place, however, petitioner sought reorganization under Chapter 11 of the Bankruptcy Code, 11 U. S. C. § 1101 et seq. That bankruptcy petition was dismissed, as was a subsequent Chapter 11 petition.”

In Re One2One Commc'ns, LLC, 542 B.R. 428 (3rd Cir. 2015). · cites it 4× “11 U.S.C. § 1101 . 12 If the confirmed plan has been substantially consummated, a court should next determine whether granting relief will require undoing the plan as opposed to modifying it in a manner that does not cause its collapse.”

Matrix Capital Mgmt. Fund v. BearingPoint, Inc., 576 F.3d 172 (4th Cir. 2009). · cites it 2× “On March 6, 2009, after this appeal was argued, we received notice that BearingPoint had filed a voluntary petition seeking relief under chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101 et seq., in the Southern District of New York.”

U. S. Bank N. A. v. Vill. at Lakeridge, LLC, 138 S. Ct. 960 (2018). “See 11 U. S. C. §1101 et seq. The plan divides claims against the debtor into discrete “classes” and speci 2 U.”

Begier v. Internal Revenue Serv., 496 U.S. 53 (1990). · cites it 2× “On July 19, 1984, AIA petitioned for relief from its creditors under Chapter 11 of the Bankruptcy Code, 11 U. S. C. § 1101 et seq. (1982 ed.). AIA unsuccessfully operated as a debtor in possession for three months.”

Mar-Bow Value Partners, LLC v. McKinsey Recovery & Transformation Servs. US, LLC, 578 B.R. 325 (E.D. Va. 2017). · cites it 3× “11 U.S.C. § 1101 (2); see also Mac Panel, 283 F.”

Toibb v. Radloff, 501 U.S. 157 (1991). · cites it 2× “In this case we must decide whether an individual debtor not engaged in business is eligible to reorganize under Chapter 11 of the Bankruptcy Code, 11 U. S. C. § 1101 et seq. I From March 1983 until April 1985, petitioner Sheldon Baruch Toibb, a former staff attorney with the…”

Lin Zhong v. United States Dep't of Just., Attorney Gen. Gonzales, 480 F.3d 104 (2d Cir. 2007). “11 U.S.C. § 1101 (a)(42). . Lin said that he received a government certificate for this abortion, as well as a certificate for the 1991 abortion, but that both documents had been lost.”

Show all 1,252 citing cases →

— 11 U.S.C. § 1101(1) — 1 case

In Re F.W. Restaurant Assocs., Inc., 190 B.R. 143 (Bankr. D. Conn. 1995).

— 11 U.S.C. § 1101(2) — 3 cases

Elixir Indus., Inc. v. City Bank & Trust Co. (In Re Ahern Enter., Inc.), 507 F.3d 817 (5th Cir. 2007).

Epic Metals Corp. v. Condec, Inc. (In Re Condec, Inc.), 225 B.R. 800 (M.D. Fla. 1998).

In Re Victorian Park Assocs., 189 B.R. 147 (Bankr. N.D. Ill. 1995).

— 11 U.S.C. § 1101(a)(43) — 2 cases

United States v. Otero, 502 F.3d 331 (3rd Cir. 2007).

United States v. Otero (3rd Cir. 2007).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.