The law › Title 11, Bankruptcy › Chapter 3
11 U.S.C. 363: Use, sale, or lease of property
Created in 1978 by Public Law 95-598. Changed by 6 later laws. No bill we track in this Congress changes it.
7 other sections of the Code cite this one, including 11 U.S.C. 303, 11 U.S.C. 361, 11 U.S.C. 507, 11 U.S.C. 542, 11 U.S.C. 1111.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2019
- Pub. L. 116–54 inserted "1183, 1184," after "1108,". (Small Business Reorganization Act of 2019) Law text · (c)
2010
- Pub. L. 111–327, §2(a)(13)(A), struck out "only" before dash at end of introductory provisions. (Bankruptcy Technical Corrections Act of 2010) Law text · (d)
- Pub. L. 111–327, §2(a)(13)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "in accordance with applicable nonbankruptcy law that governs the transfer of property by a corporation or trust that is not a moneyed, business, or commercial corporation or tru… (Bankruptcy Technical Corrections Act of 2010) Law text · (d)
- Pub. L. 111–327, §2(a)(13)(C), inserted "only" before "to the extent". (Bankruptcy Technical Corrections Act of 2010) Law text · (d)
2005
- Pub. L. 109–8, §231(a), substituted ", except that if the debtor in connection with offering a product or a service discloses to an individual a policy prohibiting the transfer of personally identifiable information about individuals to persons that are not affiliated with the debto… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
- Pub. L. 109–8, §1221(a), substituted "only—" and pars. (1) and (2) for "only to the extent not inconsistent with any relief granted under section 362(c), 362(d), 362(e), or 362(f) of this title." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
- Pub. L. 109–8, §204, added subsec. (o) and redesignated former subsec. (o) as (p). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (o), (p)
1994
- Pub. L. 103–394, §214(b), inserted "and the fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities in hotels, motels, or other lodging properties" after "property". · (a)
- Pub. L. 103–394, §§109, 501(d)(8)(A), struck out "(15 U.S.C. 18a)" after "Clayton Act" and amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: · (b)
- Pub. L. 103–394, §501(d)(8)(B), substituted "1203, 1204, or 1304" for "1304, 1203, or 1204". · (c)
- Pub. L. 103–394, §219(c), inserted at end "This subsection also applies to property that is subject to any unexpired lease of personal property (to the exclusion of such property being subject to an order to grant relief from the stay under section 362)." · (e)
1986
- Pub. L. 99–554, §257(k)(1), inserted reference to sections 1203 and 1204 of this title. · (c)
- Pub. L. 99–554, §257(k)(2), inserted reference to chapter 12. · (l)
1984
- Pub. L. 98–353, §442(a), inserted "whenever acquired" after "equivalents" and "and includes the proceeds, products, offspring, rents, or profits of property subject to a security interest as provided in section 552(b) of this title, whether existing before or after the commencement of … · (a)
- Pub. L. 98–353, §442(b), designated existing provisions as par. (1) and added par. (2). · (b)
- Pub. L. 98–353, §442(c), inserted ", with or without a hearing," after "court" and struck out "In any hearing under this section, the trustee has the burden of proof on the issue of adequate protection". · (e)
- Pub. L. 98–353, §442(d), substituted "all liens on such property" for "such interest". · (f)
- Pub. L. 98–353, §442(e), substituted "at the time of" for "immediately before". · (h)
- Pub. L. 98–353, §442(f), substituted "compensation" for "compenation". · (j)
- Pub. L. 98–353, §442(g), substituted "unless the court for cause orders otherwise the holder of such claim may bid at such sale, and, if the holder" for "if the holder". · (k)
- Pub. L. 98–353, §442(h), substituted "Subject to the provisions of section 365, the trustee" for "The trustee", "condition" for "conditions", "or the taking" for "a taking", and "interest" for "interests". · (l)
- Pub. L. 98–353, §442(i), substituted "avoid" for "void", "avoiding" for "voiding", and "In addition to any recovery under the preceding sentence, the court may grant judgment for punitive damages in favor of the estate and against any such party that entered into such an agreement in w… · (n)
- Pub. L. 98–353, §442(j), added subsec. (o). · (o)
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.