11 U.S.C. § 1204
Section 1204 · Removal of debtor as debtor in possession
Amended 1 time on record
Applied in 9 court decisions — leading case York v. Bank of America, N.A. (In Re York) (2003)
Most recently applied in Dawson v. Thomas (In Re Dawson) (April 2008)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) On request of a party in interest, and after notice and a hearing, the court shall order that the debtor shall not be a debtor in possession for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the commencement of the case.
(b) On request of a party in interest, and after notice and a hearing, the court may reinstate the debtor in possession.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Repeal of Section
Section repealed effective Oct. 1, 1998, see note set out preceding section 1201 of this title.