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The law › Title 11, Bankruptcy › Chapter 1

11 U.S.C. 109: Who may be a debtor

Created in 1978 by Public Law 95-598. Changed by 10 later laws. No bill we track in this Congress changes it.

2 other sections of the Code cite this one, including 11 U.S.C. 349, 48 U.S.C. 2163.

1 part of federal rules cite it as their authority, written by Department of Justice (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–151, §2(i)(1)(A), amended subsec. (e) to read as it read on the day before the date of enactment of Pub. L. 117–151, which is June 21, 2022. See note below. Prior to reversion, subsec. (e), as amended by section 2(c) of Pub. L. 117–151, read as follows: "Only an individual … (Bankruptcy Threshold Adjustment and Technical Corrections Act) Law text · (e)
    • Pub. L. 117–151, §2(c), added subsec. (e) and struck out former subsec. (e) which read as follows: "Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $250,000 and noncontingent, liquidated, secured de… (Bankruptcy Threshold Adjustment and Technical Corrections Act) Law text · (e)

    2010

    • Pub. L. 111–327, §2(a)(6)(A), inserted closing parenthesis after "1978". (Bankruptcy Technical Corrections Act of 2010) Law text · (b)
    • Pub. L. 111–327, §2(a)(6)(B), inserted "other than paragraph (4) of this subsection" after "this section" and substituted "ending on" for "preceding". (Bankruptcy Technical Corrections Act of 2010) Law text · (h)

    2009

    • Pub. L. 111–16 substituted "7-day" for "5-day". Law text · (h)

    2005

    • Pub. L. 109–8, §1204(1), struck out "subsection (c) or (d) of" before "section 301". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
    • Pub. L. 109–8, §802(d)(1), added par. (3) and struck out former par. (3) which read as follows: "a foreign insurance company, bank, savings bank, cooperative bank, savings and loan association, building and loan association, homestead association, or credit union, engaged in such bu… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
    • Pub. L. 109–8, §1007(b), inserted "or family fisherman" after "family farmer". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (f)
    • Pub. L. 109–8, §106(a), added subsec. (h). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)

    2000

    • Pub. L. 106–554, §1(a)(8) [§1(e)], inserted "a New Markets Venture Capital company as defined in section 351 of the Small Business Investment Act of 1958," after "homestead association,". (Consolidated Appropriations Act, 2001) Law text · (b)
    • Pub. L. 106–554, §1(a)(5) [title I, §112(c)(1)], substituted ", except that an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit In… (Consolidated Appropriations Act, 2001) Law text · (b)
    • Pub. L. 106–554, §1(a)(5) [title I, §112(c)(2)], amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Only a person that may be a debtor under chapter 7 of this title, except a stockbroker or a commodity broker, and a railroad may be a debtor under chapter 1… (Consolidated Appropriations Act, 2001) Law text · (d)

    1994

    • Pub. L. 103–394, §§220, 501(d)(2), inserted "a small business investment company licensed by the Small Business Administration under subsection (c) or (d) of section 301 of the Small Business Investment Act of 1958," after "homestead association," and struck out "(12 U.S.C. 1813(h))… · (b)
    • Pub. L. 103–394, §402, substituted "specifically authorized, in its capacity as a municipality or by name," for "generally authorized". · (c)
    • Pub. L. 103–394, §108(a), substituted "$250,000" and "$750,000" for "$100,000" and "$350,000", respectively, in two places. · (e)

    1988

    • Pub. L. 100–597 struck out "or unable to meet such entity's debts as such debts mature" after "insolvent". · (c)

    1986

    • Pub. L. 99–554, §253(1)(B), (2), added subsec. (f) and redesignated former subsec. (f) as (g). · (f)
    • Pub. L. 99–554, §253(1), redesignated former subsec. (f) as (g) and inserted reference to family farmer. · (g)

    1984

    • Pub. L. 98–353, §425(a), struck out "in the United States," after "only a person that resides". · (a)
    • Pub. L. 98–353, §425(b), substituted "transfer that is avoidable under section 547 of this title" for "preference". · (c)
    • Pub. L. 98–353, §425(c), substituted "stockbroker" for "stockholder". · (d)
    • Pub. L. 98–353, §301, added subsec. (f). · (f)

    1982

    • Pub. L. 97–320 inserted reference to industrial banks or similar institutions which are insured banks as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)). · (b)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.