Bankruptcy Overview

The United States Bankruptcy Code

TITLE 11 — THE BANKRUPTCY CODE

§ 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.

 

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