11 U.S.C. § 1303
Rights and powers of debtor
Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title.
Notes of Decisions
Cited in 218
cases (21 in the last 5 years), 1979–2026 · leading case: Sandra Slater v. United States Steel Corporation
Sandra Slater v. United States Steel Corporation (2016)
“See 11 U.S.C. § 1303 (2012). The debtor in possession also retains standing to pursue a claim of the bankruptcy estate.”
Sandra Slater v. United Steel Corporation (2017)
“See 11 U.S.C. § 1303 ; Fed. R. Bankr. P. 6009 (“With or without court approval, the .”
Smith v. Rockett (2008)
“The duties of a Chapter 13 trustee differ from those of a Chapter 7 trustee, compare 11 U.S.C. § 1302 (b) with 11 U.”
Looney v. Hyundai Motor Manufacturing Alabama, LLC. (2004)
“1994) (citing 11 U.S.C. §§ 1303 and 363(b))). Several other courts within the Eleventh Circuit have addressed directly whether a Chapter 13 debtor has standing.”
Robinson v. Tyson Foods, Inc. (2010)
“See 11 U.S.C. § 1303 ; In re Mosley, 260 B.R.”
Houston v. Eiler (In Re Cohen) (2004)
“1 Courts that reject chapter 13 debtor standing to exercise trustee avoiding powers rely primarily upon the lack of explicit statutory authority and do not defer to legislative history in the face of what they view as plain statutory language.”
William J. Crosby v. Monroe County (2004)
“See 11 U.S.C. § 1303 ; Fed. R. Bankr.P. 6009; In re Mosley, 260 B.”
Lamont Wilson v. Dollar General Corporation (2013)
“For example, not only does the Chapter 13 debtor retain possession of the property of the estate, the Chapter 13 debtor also assumes “exclusive of the trustee, the rights and powers of a trustee[,]” 11 U.S.C. § 1303 , found in many of the provisions of § 363 regarding the…”
TranSouth Financial Corp. v. Sharon (In Re Sharon) (1999)
“Applying Whiting Pools, possession of the Debtor's car was part of the bundle of rights that became "property of the estate" at the Chapter 13 petition.”
McConnell v. K-2 Mortgage (In Re McConnell) (2008)
“See 11 U.S.C. § 1303 . These powers include the power to “use, sell, or lease” property of the estate.”
Realty Portfolio, Inc. v. Hamilton (1997)
“11 U.S.C. § 1303 . 2 Section 1303 does not include trustees’ section 544 strong-arm avoidance powers.”
York v. Bank of America, N.A. (In Re York) (2003)
“11 U.S.C. § 1303 . Compared to Chapters 11 and 12, Chapter 13 uses a narrower cross-reference to confer on the Chapter 13 debtor certain rights, powers, functions, and duties that would, in a Chapter 7 liquidation case, belong to the bankruptcy trustee.”
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