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11 U.S.C. § 541

Property of the estate

United States · Title 11 — BANKRUPTCY · Status: effective

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11 U.S.C. § 541, Property of the estate, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/436809
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The commencement of a case under section 301, 302, or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located and by whomever held: All interests of the debtor and the debtor’s spouse in community property as of the commencement of the case that is— Any interest in property that would have been property of the estate if such interest had been an interest of the debtor on the date of the filing of the petition, and that the debtor acquires or becomes entitled to acquire within 180 days after such date— Property of the estate does not include— any interest of the debtor in liquid or gaseous hydrocarbons to the extent that— funds placed in an education individual retirement account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) not later than 365 days before the date of the filing of the petition in a case under this title, but— only to the extent that such funds— funds used to purchase a tuition credit or certificate or contributed to an account in accordance with section 529(b)(1)(A) of the Internal Revenue Code of 1986 under a qualified State tuition program (as defined in section 529(b)(1) of such Code) not later than 365 days before the date of the filing of the petition in a case under this title, but— any amount— withheld by an employer from the wages of employees for payment as contributions— to— received by an employer from employees for payment as contributions— to— subject to subchapter III of chapter 5, any interest of the debtor in property where the debtor pledged or sold tangible personal property (other than securities or written or printed evidences of indebtedness or title) as collateral for a loan or advance of money given by a person licensed under law to make such loans or advances, where— any interest in cash or cash equivalents that constitute proceeds of a sale by the debtor of a money order that is made— funds placed in an account of a qualified ABLE program (as defined in section 529A(b) of the Internal Revenue Code of 1986) not later than 365 days before the date of the filing of the petition in a case under this title, but— only to the extent that such funds— Except as provided in paragraph (2) of this subsection, an interest of the debtor in property becomes property of the estate under subsection (a)(1), (a)(2), or (a)(5) of this section notwithstanding any provision in an agreement, transfer instrument, or applicable nonbankruptcy law—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 95-598(H.R. 8200)1978-11-06
    A bill to establish a uniform law on the subject of bankruptcies.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-353(H.R. 5174)1984-07-10
    Bankruptcy Amendments and Federal Judgeship Act of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-508(H.R. 5835)1990-11-05
    Omnibus Budget Reconciliation Act of 1990
  • Amended byPub. L. 102-486(H.R. 776)1992-10-24
    Energy Policy Act of 1992
  • Amended byPub. L. 103-394(H.R. 5116)1994-10-22
    Bankruptcy Reform Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 109-8(S. 256)2005-04-20
    Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
  • Amended byPub. L. 111-327(H.R. 6198)2010-12-22
    Bankruptcy Technical Corrections Act of 2010
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 113-295(H.R. 5771)2014-12-19
    Tax Increase Prevention Act of 2014
  • Amended byPub. L. 116-260(H.R. 133)2020-12-27
    Consolidated Appropriations Act, 2021
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 119-27(S. 1582)2025-07-18
    GENIUS Act