Professional Membership
TITLE 11 - BANKRUPTCY CHAPTER 3 - CASE ADMINISTRATION SUBCHAPTER III - ADMINISTRATION -HEAD- Sec. 350. Closing and reopening cases -STATUTE- (a) After an estate is fully administered and the court has discharged the trustee, the court shall close the case. (b) A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause. -SOURCE- (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2569; Pub. L. 98-353, title III, Sec. 439, July 10, 1984, 98 Stat. 370.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95-989 Subsection (a) requires the court to close a bankruptcy case after the estate is fully administered and the trustee discharged. The Rules of Bankruptcy Procedure will provide the procedure for case closing. Subsection (b) permits reopening of the case to administer assets, to accord relief to the debtor, or for other cause. Though the court may permit reopening of a case so that the trustee may exercise an avoiding power, laches may constitute a bar to an action that has been delayed too long. The case may be reopened in the court in which it was closed. The rules will prescribe the procedure by which a case is reopened and how it will be conducted after reopening. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-353 substituted "A" for "a". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out as a note under section 101 of this title. -End-