11 USC 102 - Rules of construction

U.S Code last checked for updates: Nov 22, 2024

§ 102.

Rules of construction

In this title—

(1)

“after notice and a hearing”, or a similar phrase—

(A)

means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but

(B)

authorizes an act without an actual hearing if such notice is given properly and if—

(i)

such a hearing is not requested timely by a party in interest; or

(ii)

there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act;

(2)

“claim against the debtor” includes claim against property of the debtor;

(3)

“includes” and “including” are not limiting;

(4)

“may not” is prohibitive, and not permissive;

(5)

“or” is not exclusive;

(6)

“order for relief” means entry of an order for relief;

(7)

the singular includes the plural;

(8)

a definition, contained in a section of this title that refers to another section of this title, does not, for the purpose of such reference, affect the meaning of a term used in such other section; and

(9)

“United States trustee” includes a designee of the United States trustee.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2554; Pub. L. 98–353, title III, § 422, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, § 202, Oct. 27, 1986, 100 Stat. 3097.)

cite as: 11 USC 102