U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER I— OFFICERS, ADMINISTRATION, AND THE ESTATE

11 U.S.C. § 1203

Rights and powers of debtor

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Subject to such limitations as the court may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs (3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the debtor’s farm or commercial fishing operation.

Notes of Decisions
Cited in 49 cases (4 in the last 5 years), 1942–2023 · leading case: Merchants & Farmers Bank of Dumas, Ark. v. Hill, 122 B.R. 539 (E.D. Ark. 1990).
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Merchants & Farmers Bank of Dumas, Ark. v. Hill, 122 B.R. 539 (E.D. Ark. 1990). · cites it 2× “However, the Hills further argue that for various reasons, as discussed below, they were barred from trying their counterclaim on December 5, 1990, and they request that the Court transfer the counterclaim to bankruptcy court.”
In Re Juan O. Plata, in Re Catalina Plata, Debtors. Peter H. Arkison, Tr. v. Juan O. Plata, Catalina Plata, 958 F.2d 918 (9th Cir. 1992). · cites it 2× “See 11 U.S.C. §§ 1203 , 1207(b). 4 They also were required to, and did, present within 90 days of the filing of their petition a plan providing for the submission of their future earnings to the Chapter 12 trustee and the payment of their creditors’ claims.”
United States v. Hall, 617 F.3d 1161 (9th Cir. 2010). · cites it 2× “§ 1398 (c)(1), and the debtor remains in possession in chapter 12 bankruptcy absent extraordinary circumstances, 11 U.S.C. § 1203 , the trustee is not associated with any taxes.”
Hansen v. Green Tree Servicing, LLC (In Re Hansen), 332 B.R. 8 (10th Cir. BAP 2005). “See 11 U.S.C. § 1203 . 18 . See Ryker, 315 B.”
Prod. Credit Ass'n of Minot v. Burk, 427 N.W.2d 108 (N.D. 1988). · cites it 2× “§ 301 provides in part: "The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.”
First Sec. Bank of Utah v. Creech, 858 P.2d 958 (Utah 1993). · cites it 2× “See 11 U.S.C. §§ 1203 , 1207(b); see also In re Plata, 958 F.”
LaBarge v. Benda (In Re Merrifield), 214 B.R. 362 (8th Cir. BAP 1997). “of a trustee____” 11 U.S.C. § 1203 provides that "a debtor in possession shall have all the rights .”
In re Thorpe, 563 B.R. 576 (Bankr. E.D. Pa. 2017). “The courts holding that the bankruptcy court must approve the appointment of the debtor’s professionals in a chapter 12 case finds support in 11 U.S.C. §§ 1203 , 1204, which describe the chapter 12 debtor as a “debtor in possession” and clothe the debtor with most of the powers…”
York v. Bank of Am., N.A. (In Re York), 291 B.R. 806 (Bankr. E.D. Tenn. 2003). “11 U.S.C. §§ 1203 , 1204, 1207(b) & 363. None of the limitations would prevent a Chapter 12 debtor in possession from bringing suit on a pre-bankruptcy cause of action that came into the bankruptcy estate.”
Bailey v. Household Fin. Corp. (In Re Bailey), 306 B.R. 391 (D.D.C. 2004). “§ 1204 (a) debtors-in-possession, and by reason of 11 U.S.C. § 1203 , they had the rights and powers of a trustee, including the power to prosecute claims of the estate.”
Bruce v. RepublicBank-South Austin (In Re Bruce), 96 B.R. 717 (Bankr. W.D. Tex. 1989). “11 U.S.C. § 1203 . It would be a mistake to read too much into Section 1203, however.”
In re Jones, 505 B.R. 229 (Bankr. E.D. Wis. 2014). “§ 1107 (a); see also 11 U.S.C. § 1203 (“a debtor in possession .”
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