11 U.S.C. § 1303
Section 1303 · Rights and powers of debtor
Amended 1 time on record
Applied in 199 court decisions — leading case Maritime Electric Co. v. United Jersey Bank (1991)
Most recently applied in Duniver v. Clark Material Handling Co. (January 2023)
Cases citing this section usually also cite 11 U.S.C. § 363 · 11 U.S.C. § 541 · 11 U.S.C. § 362
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. 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.
Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Section 1303 of the House amendment specifies rights and powers that the debtor has exclusive of the trustees. The section does not imply that the debtor does not also possess other powers concurrently with the trustee. For example, although section 1323 is not specified in section 1303, certainly it is intended that the debtor has the power to sue and be sued.
senate report no. 95–989
A chapter 13 debtor is vested with the identical rights and powers, and is subject to the same limitations in regard to their exercise, as those given a liquidation trustee by virtue of section 363(b), (d), (e), (f), and (h) of title 11, relating to the sale, use or lease of property.