Section 102: Rules of Construction

Title 11 of the United States Code - Bankruptcy
GENERAL PROVISIONS – CHAPTER 1

Rules of Construction - Section 102

11 USCS § 102

 

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.

 

 

Further Understanding Through Case Law

 

“After Notice and Hearing”

“Primary thrust of 1102 § 102 defining “after notice and hearing,” is to give practical effect to separation of administrative and judicial powers of court by eliminating direct involvement on part of court in approval of requests for relief absent dispute; such language as “the court shall hold a hearing” appearing elsewhere in Bankruptcy Code, and was enacted with complete awareness on part of Congress that a “after notice and a hearing,” did not contemplate hearing in every instance.”

In re Sullivan 2 BR 350 (1980).

Singular Includes Plural

“However, one far more significant provision of the Bankruptcy Code that the bankruptcy court did not mention, but that the district court found dispositive, is 11 U.S.C. § 102(7), which provides that "[i]n this title—... (7) the singular includes the plural."

Universal Church v. Geltzer 283 F.3d 199 (2004).



Title 11 of the United States Code - Bankruptcy

Chapter 1

 

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