Page:United States Statutes at Large Volume 92 Part 2.djvu/1275

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2555

(A) means after such notice as is a p p r o p r i a t e in the particular circumstances, and such opportunity for a hearing as is a p p r o p r i a t e 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) " o r " is not exclusive; (6) "order for relief" means entry of an order for relief; (7) the singular includes the p l u r a l; and (8) a definition, continued 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, § 103. Applicability of chapters (a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 1 1, or 13 of this title. (b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter. (c) Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockholder. (d) Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker except with respect to section 746(c) which applies to margin payments made by any debtor to a commodity broker or forward contract merchant. (e) Except as provided in section 901 of this title, only chapters 1 and 9 of this title apply in a case under such chapter 9. (f) Except as provided in section 901 of this title, subchapter I, II, and III of chapter 11 of this title apply only in a case under such chapter. (g) Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad. (h) Chapter 13 of this title applies only in a case under such chapter. § 104. Adjustment of dollar amounts The Judicial Conference of the United States shall transmit to the Congress and to the President before May 1, 1985, and before May 1 of every sixth year after May 1, 1985, a recommendation for the uniform percentage adjustment of each dollar amount in this title and in section 1930 of title 28. § 105. Power of court (a) The bankruptcy court may issue any order, process, or judgment that is necessarv or appropriate to carry out the provisions of this title. (b) Notwithstanding subsection (a) of this section, a bankruptcy court may not appoint a receiver in a case under this title. § 106. Waiver of sovereign immunity (a) A governmental unit is deemed to have waived sovereign immunity with respect to any claim against such governmental unit that

11 USC 103. Post, p. 2641. Post, pp. 2578, 2604, 2626, 2645.

Post, p. 2613. Post, p. 2621.

11 USC 104. Recommendation to Congress and the President.

11 USC 105.

11 USC 106.

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