|
U.S. Code as of:
01/19/04
Section 105. Power of court
(a) The court may issue any order, process, or judgment that is
necessary or appropriate to carry out the provisions of this title.
No provision of this title providing for the raising of an issue by
a party in interest shall be construed to preclude the court from,
sua sponte, taking any action or making any determination necessary
or appropriate to enforce or implement court orders or rules, or to
prevent an abuse of process.
(b) Notwithstanding subsection (a) of this section, a court may
not appoint a receiver in a case under this title.
(c) The ability of any district judge or other officer or
employee of a district court to exercise any of the authority or
responsibilities conferred upon the court under this title shall be
determined by reference to the provisions relating to such judge,
officer, or employee set forth in title 28. This subsection shall
not be interpreted to exclude bankruptcy judges and other officers
or employees appointed pursuant to chapter 6 of title 28 from its
operation.
(d) The court, on its own motion or on the request of a party in
interest, may -
(1) hold a status conference regarding any case or proceeding
under this title after notice to the parties in interest; and
(2) unless inconsistent with another provision of this title or
with applicable Federal Rules of Bankruptcy Procedure, issue an
order at any such conference prescribing such limitations and
conditions as the court deems appropriate to ensure that the case
is handled expeditiously and economically, including an order
that -
(A) sets the date by which the trustee must assume or reject
an executory contract or unexpired lease; or
(B) in a case under chapter 11 of this title -
(i) sets a date by which the debtor, or trustee if one has
been appointed, shall file a disclosure statement and plan;
(ii) sets a date by which the debtor, or trustee if one has
been appointed, shall solicit acceptances of a plan;
(iii) sets the date by which a party in interest other than
a debtor may file a plan;
(iv) sets a date by which a proponent of a plan, other than
the debtor, shall solicit acceptances of such plan;
(v) fixes the scope and format of the notice to be provided
regarding the hearing on approval of the disclosure
statement; or
(vi) provides that the hearing on approval of the
disclosure statement may be combined with the hearing on
confirmation of the plan.
|
|