San Marino Bankruptcy Attorney

TITLE 11 - BANKRUPTCY
CHAPTER 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR
                  INCOME                          
    SUBCHAPTER I - OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
    Sec. 1303. Rights and powers of debtor

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2646.)


                       HISTORICAL AND REVISION NOTES                   

                          LEGISLATIVE STATEMENTS                      
      Section 1303 of the House amendment specifies rights and powers
    that the debtor has exclusive of the trustees. The section does not
    imply that the debtor does not also possess other powers
    concurrently with the trustee. For example, although section 1323
    is not specified in section 1303, certainly it is intended that the
    debtor has the power to sue and be sued.

                         SENATE REPORT NO. 95-989                     
      A chapter 13 debtor is vested with the identical rights and
    powers, and is subject to the same limitations in regard to their
    exercise, as those given a liquidation trustee by virtue of section
    363(b), (d), (e), (f), and (h) of title 11, relating to the sale,
    use or lease of property.

-End-