28 U.S.C. § 305

APPLICATION OF CERTAIN BANKRUPTCY RULES.

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“(a)Rules Relating to the United States Trustee System.—If a United States trustee is not authorized, before the effective date of this Act, to be appointed for a judicial district referred to in section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, then part X of the Bankruptcy Rules [11 U.S.C. App.] shall not apply to cases in such district until the amendments made by subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554, see Tables for classification] become effective under section 302 of this Act in such district.“(b)Rules Relating to Chapter 12 of Title 11.—The rules prescribed under section 2075 of title 28, United States Code, and in effect on the date of the enactment of this Act [Oct. 27, 1986] shall apply to cases filed under chapter 12 of title 11, United States Code, to the extent practicable and not inconsistent with the amendments made by title II of this Act [see Tables for classification].

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: In Re Duratech Industries, Inc.

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In Re Duratech Industries, Inc. (1999) nyed “See 28 U.S.C. § 305 (a). 5 . The bankruptcy court relied, in part, on section 105 of the Code in deciding to abstain from administering the debtor’s Chapter 11 case.”

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