source:
  type: regulation
  id: bankruptcy-11usc-541
  authority: Bankruptcy Code (11 U.S.C.) § 541 — Property of the estate
  description: 'Bankruptcy Code (11 U.S.C.), §541 Property of the estate. Captured section-complete from Cornell
    LII (verbatim).

    '
obligations:
- id: bankruptcy-11usc-541-a
  canonical_id: bankruptcy-11usc-541-a
  section: 11 U.S.C. §541(a)
  description: 'Property of the estate — (a): (a) 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: (1) Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable
    interests of th…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: '(a) 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: (1) Except
      as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor
      in property as of the commencement of the case. (2) All interests of the debtor and the debtor’s spouse in
      community property as of the commencement of the case that is— (A) under the sole, equal, or joint management
      and control of the debtor; or (B) liable for an allowable claim against the debtor, or for both an allowable
      claim against the debtor and an allowable claim against the debtor’s spouse, to the extent that such interest
      is so liable. (3) Any interest in property that the trustee recovers under section 329(b) , 363(n) , 543 ,
      550 , 553 , or 723 of this title. (4) Any interest in property preserved for the benefit of or ordered transferred
      to the estate under section 510(c) or 551 of this title. (5) 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— (A)
      by bequest, devise, or inheritance; (B) as a result of a property settlement agreement with the debtor’s spouse,
      or of an interlocutory or final divorce decree; or (C) as a beneficiary of a life insurance policy or of a
      death benefit plan. (6) Proceeds, product, offspring, rents, or profits of or from property of the estate,
      except such as are earnings from services performed by an individual debtor after the commencement of the
      case. (7) Any interest in property that the estate acquires after the commencement of the case.'
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (a) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-b
  canonical_id: bankruptcy-11usc-541-b
  section: 11 U.S.C. §541(b)
  description: 'Property of the estate — (b): (b) Property of the estate does not include— (1) any power that the
    debtor may exercise solely for the benefit of an entity other than the debtor; (2) any interest of the debtor
    as a lessee under a lease of nonresidential real property that has terminated at the expiration of the stated
    term of such…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (b) Property of the estate does not include— (1) any power that the debtor may exercise solely
      for the benefit of an entity other than the debtor; (2) any interest of the debtor as a lessee under a lease
      of nonresidential real property that has terminated at the expiration of the stated term of such lease before
      the commencement of the case under this title, and ceases to include any interest of the debtor as a lessee
      under a lease of nonresidential real property that has terminated at the expiration of the stated term of
      such lease during the case; (3) any eligibility of the debtor to participate in programs authorized under
      the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.), [1] or any accreditation
      status or State licensure of the debtor as an educational institution; (4) any interest of the debtor in liquid
      or gaseous hydrocarbons to the extent that— (A)
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (b) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) the debtor has transferred or has agreed to transfer such interest
    pursuant to a farmout agreement or any written agreement directly related to a farmout agreement; and (ii) but
    for the operation of this paragraph, the estate could include the interest referred to in clause (i) only by
    virtue of…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) the debtor has transferred or has agreed to transfer such interest pursuant to a farmout
      agreement or any written agreement directly related to a farmout agreement; and (ii) but for the operation
      of this paragraph, the estate could include the interest referred to in clause (i) only by virtue of section
      365 or 544(a)(3) of this title; or (B)
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) the debtor has transferred such interest pursuant to a written
    conveyance of a production payment to an entity that does not participate in the operation of the property from
    which such production payment is transferred; and (ii) but for the operation of this paragraph, the estate could
    include …'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) the debtor has transferred such interest pursuant to a written conveyance of a production
      payment to an entity that does not participate in the operation of the property from which such production
      payment is transferred; and (ii) but for the operation of this paragraph, the estate could include the interest
      referred to in clause (i) only by virtue of section 365 or 542 of this title; (5) 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— (A) only
      if the designated beneficiary of such account was a child, stepchild, grandchild, or stepgrandchild of the
      debtor for the taxable year for which funds were placed in such account; (B) only to the extent that such
      funds—
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) are not pledged or promised to any entity in connection with any
    extension of credit; and (ii) are not excess contributions (as described in section 4973(e) of the Internal
    Revenue Code of 1986 ); and (C) in the case of funds placed in all such accounts having the same designated
    beneficiary not…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) are not pledged or promised to any entity in connection with any extension of credit; and
      (ii) are not excess contributions (as described in section 4973(e) of the Internal Revenue Code of 1986 );
      and (C) in the case of funds placed in all such accounts having the same designated beneficiary not earlier
      than 720 days nor later than 365 days before such date, only so much of such funds as does not exceed $5,000;
      [2] (6) 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— (A) only if the designated beneficiary of the amounts paid or contributed
      to such tuition program was a child, stepchild, grandchild, or stepgrandchild of the debtor for the taxable
      year for which funds were paid or contributed; (B) with respect to the aggregate amount paid or contributed
      to such program having the same designated beneficiary, only so much of such amount as does not exceed the
      total contributions permitted under section 529(b)(6) of such Code with respect to such beneficiary, as adjusted
      beginning on the date of the filing of the petition in a case under this title by the annual increase or decrease
      (rounded to the nearest tenth of 1 percent) in the education expenditure category of the Consumer Price Index
      prepared by the Department of Labor ; and (C) in the case of funds paid or contributed to such program having
      the same designated beneficiary not earlier than 720 days nor later than 365 days before such date, only so
      much of such funds as does not exceed $5,000; 2 (7) any amount— (A) withheld by an employer from the wages
      of employees for payment as contributions—
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) to— (I) an employee benefit plan that is subject to title I of
    the Employee Retirement Income Security Act of 1974 or under an employee benefit plan which is a governmental
    plan under section 414(d) of the Internal Revenue Code of 1986 ; (II) a deferred compensation plan under section
    457 of the…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) to— (I) an employee benefit plan that is subject to title I of the Employee Retirement
      Income Security Act of 1974 or under an employee benefit plan which is a governmental plan under section 414(d)
      of the Internal Revenue Code of 1986 ; (II) a deferred compensation plan under section 457 of the Internal
      Revenue Code of 1986 ; or (III) a tax-deferred annuity under section 403(b) of the Internal Revenue Code of
      1986 ; except that such amount under this subparagraph shall not constitute disposable income as defined in
      section 1325(b)(2); or (ii) to a health insurance plan regulated by State law whether or not subject to such
      title; or (B) received by an employer from employees for payment as contributions—
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) to— (I) an employee benefit plan that is subject to title I of
    the Employee Retirement Income Security Act of 1974 or under an employee benefit plan which is a governmental
    plan under section 414(d) of the Internal Revenue Code of 1986 ; (II) a deferred compensation plan under section
    457 of the…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) to— (I) an employee benefit plan that is subject to title I of the Employee Retirement
      Income Security Act of 1974 or under an employee benefit plan which is a governmental plan under section 414(d)
      of the Internal Revenue Code of 1986 ; (II) a deferred compensation plan under section 457 of the Internal
      Revenue Code of 1986 ; or (III) a tax-deferred annuity under section 403(b) of the Internal Revenue Code of
      1986 ; except that such amount under this subparagraph shall not constitute disposable income, as defined
      in section 1325(b)(2); or (ii) to a health insurance plan regulated by State law whether or not subject to
      such title; (8) 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— (A) the tangible personal property is in the possession of the pledgee or transferee;
      (B) the debtor has no obligation to repay the money, redeem the collateral, or buy back the property at a
      stipulated price; and (C) neither the debtor nor the trustee have exercised any right to redeem provided under
      the contract or State law, in a timely manner as provided under State law and section 108(b); (9) any interest
      in cash or cash equivalents that constitute proceeds of a sale by the debtor of a money order that is made—
      (A) on or after the date that is 14 days prior to the date on which the petition is filed; and (B) under an
      agreement with a money order issuer that prohibits the commingling of such proceeds with property of the debtor
      (notwithstanding that, contrary to the agreement, the proceeds may have been commingled with property of the
      debtor), unless the money order issuer had not taken action, prior to the filing of the petition, to require
      compliance with the prohibition; or (10) 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— (A) only if the designated beneficiary of such account was
      a child, stepchild, grandchild, or stepgrandchild of the debtor for the taxable year for which funds were
      placed in such account; (B) only to the extent that such funds—
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-i
  canonical_id: bankruptcy-11usc-541-i
  section: 11 U.S.C. §541(i)
  description: 'Property of the estate — (i): (i) are not pledged or promised to any entity in connection with any
    extension of credit; and (ii) are not excess contributions (as described in section 4973(h) of the Internal
    Revenue Code of 1986 ); and (C) in the case of funds placed in all such accounts having the same designated
    beneficiary not…'
  type: dont
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (i) are not pledged or promised to any entity in connection with any extension of credit; and
      (ii) are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986 );
      and (C) in the case of funds placed in all such accounts having the same designated beneficiary not earlier
      than 720 days nor later than 365 days before such date, only so much of such funds as does not exceed $6,225.
      2 Paragraph (4) shall not be construed to exclude from the estate any consideration the debtor retains, receives,
      or is entitled to receive for transferring an interest in liquid or gaseous hydrocarbons pursuant to a farmout
      agreement.
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (i) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-c
  canonical_id: bankruptcy-11usc-541-c
  section: 11 U.S.C. §541(c)
  description: 'Property of the estate — (c): (c) (1) 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— (A) tha…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (c) (1) 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— (A) that restricts or
      conditions transfer of such interest by the debtor; or (B) that is conditioned on the insolvency or financial
      condition of the debtor, on the commencement of a case under this title, or on the appointment of or taking
      possession by a trustee in a case under this title or a custodian before such commencement, and that effects
      or gives an option to effect a forfeiture, modification, or termination of the debtor’s interest in property.
      (2) A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under
      applicable nonbankruptcy law is enforceable in a case under this title.
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (c) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-d
  canonical_id: bankruptcy-11usc-541-d
  section: 11 U.S.C. §541(d)
  description: 'Property of the estate — (d): (d) Property in which the debtor holds, as of the commencement of
    the case, only legal title and not an equitable interest, such as a mortgage secured by real property, or an
    interest in such a mortgage, sold by the debtor but as to which the debtor retains legal title to service or
    supervise the se…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (d) Property in which the debtor holds, as of the commencement of the case, only legal title
      and not an equitable interest, such as a mortgage secured by real property, or an interest in such a mortgage,
      sold by the debtor but as to which the debtor retains legal title to service or supervise the servicing of
      such mortgage or interest, becomes property of the estate under subsection (a)(1) or (2) of this section only
      to the extent of the debtor’s legal title to such property, but not to the extent of any equitable interest
      in such property that the debtor does not hold.
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (d) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-e
  canonical_id: bankruptcy-11usc-541-e
  section: 11 U.S.C. §541(e)
  description: 'Property of the estate — (e): (e) In determining whether any of the relationships specified in paragraph
    (5)(A) or (6)(A) of subsection (b) exists, a legally adopted child of an individual (and a child who is a member
    of an individual’s household, if placed with such individual by an authorized placement agency for legal adoptio…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: (e) In determining whether any of the relationships specified in paragraph (5)(A) or (6)(A)
      of subsection (b) exists, a legally adopted child of an individual (and a child who is a member of an individual’s
      household, if placed with such individual by an authorized placement agency for legal adoption by such individual),
      or a foster child of an individual (if such child has as the child’s principal place of abode the home of
      the debtor and is a member of the debtor’s household) shall be treated as a child of such individual by blood.
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (e) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-541-f
  canonical_id: bankruptcy-11usc-541-f
  section: 11 U.S.C. §541(f)
  description: 'Property of the estate — (f): (f) Notwithstanding any other provision of this title, property that
    is held by a debtor that is a corporation described in section 501(c)(3) of the Internal Revenue Code of 1986
    and exempt from tax under section 501(a) of such Code may be transferred to an entity that is not such a corporation,
    but…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: Bankruptcy Code (11 U.S.C.) § 541
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/11/541
    snapshot_id: 94e9454f3f2dd8c0
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:98edd84d94a2668de5019b4ac48e2008938f7abe01d5b8f582e7cd8804875708
    paragraph_quote: '(f) Notwithstanding any other provision of this title, property that is held by a debtor that
      is a corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under
      section 501(a) of such Code may be transferred to an entity that is not such a corporation, but only under
      the same conditions as would apply if the debtor had not filed a case under this title. ( Pub. L. 95–598 ,
      Nov. 6, 1978 , 92 Stat. 2594 ; Pub. L. 98–353, title III , §§ 363(a), 456, July 10, 1984 , 98 Stat. 363 ,
      376; Pub. L. 101–508, title III, § 3007(a)(2) , Nov. 5, 1990 , 104 Stat. 1388–28 ; Pub. L. 102–486, title
      XXX, § 3017(b) , Oct. 24, 1992 , 106 Stat. 3130 ; Pub. L. 103–394, title II , §§ 208(b), 223, Oct. 22, 1994
      , 108 Stat. 4124 , 4129; Pub. L. 109–8, title II, § 225(a) , title III, § 323, title XII, §§ 1212, 1221(c),
      1230, Apr. 20, 2005 , 119 Stat. 65 , 97, 194, 196, 201; Pub. L. 111–327, § 2(a)(22) , Dec. 22, 2010 , 124
      Stat. 3560 ; Pub. L. 113–295, div. B, title I, § 104(a) , Dec. 19, 2014 , 128 Stat. 4063 ; Pub. L. 116–260,
      div. FF, title X, § 1001(a) , Dec. 27, 2020 , 134 Stat. 3216 ; Pub. L. 119–27, § 11(e) , July 18, 2025 , 139
      Stat. 458 .) [1] See References in Text note below. [2] See Adjustment of Dollar Amounts notes below. Amendment
      of Subsection (b) Pub. L. 119–27 , §§ 11(e), 20, July 18, 2025 , 139 Stat. 458 , 466, provided that, effective
      on the earlier of the date that is 18 months after July 18, 2025 , or the date that is 120 days after the
      date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub.
      L. 119–27 , subsection (b) of this section is amended in paragraph (9), in the matter following subparagraph
      (B), by striking “or” at the end; in paragraph (10)(C), by striking the period and inserting “; or”; and by
      inserting after paragraph (10) the following: (11) required payment stablecoin reserves under section 4 of
      the GENIUS Act, provided that notwithstanding the exclusion of such reserves from the property of the estate,
      section 362 of this title shall apply to such reserves. See 2025 Amendment note below. Historical and Revision
      Notes legislative statements Section 541(a)(7) is new. The provision clarifies that any interest in property
      that the estate acquires after the commencement of the case is property of the estate; for example, if the
      estate enters into a contract, after the commencement of the case, such a contract would be property of the
      estate. The addition of this provision by the House amendment merely clarifies that section 541(a) is an all-embracing
      definition which includes charges on property, such as liens held by the debtor on property of a third party,
      or beneficial rights and interests that the debtor may have in property of another. However, only the debtor’s
      interest in such property becomes property of the estate. If the debtor holds bare legal title or holds property
      in trust for another, only those rights which the debtor would have otherwise had emanating from such interest
      pass to the estate under section 541. Neither this section nor section 545 will affect various statutory provisions
      that give a creditor a lien that is valid both inside and outside bankruptcy against a bona fide purchaser
      of property from the debtor, or that creates a trust fund for the benefit of creditors meeting similar criteria.
      See Packers and Stockyards Act § 206, 7 U.S.C. 196 (1976). Section 541(c)(2) follows the position taken in
      the House bill and rejects the position taken in the Senate amendment with respect to income limitations on
      a spend-thrift trust. Section 541(d) of the House amendment is derived from section 541(e) of the Senate amendment
      and reiterates the general principle that where the debtor holds bare legal title without any equitable interest,
      that the estate acquires bare legal title without any equitable interest in the property. The purpose of section
      541(d) as applied to the secondary mortgage market is identical to the purpose of section 541(e) of the Senate
      amendment and section 541(d) will accomplish the same result as would have been accomplished by section 541(e).
      Even if a mortgage seller retains for purposes of servicing legal title to mortgages or interests in mortgages
      sold in the secondary mortgage market, the trustee would be required by section 541(d) to turn over the mortgages
      or interests in mortgages to the purchaser of those mortgages. The seller of mortgages in the secondary mortgage
      market will often retain the original mortgage notes and related documents and the seller will not endorse
      the notes to reflect the sale to the purchaser. Similarly, the purchaser will often not record the purchaser’s
      ownership of the mortgages or interests in mortgages under State recording statutes. These facts are irrelevant
      and the seller’s retention of the mortgage documents and the purchaser’s decision not to record do not change
      the trustee’s obligation to turn the mortgages or interests in mortgages over to the purchaser. The application
      of section 541(d) to secondary mortgage market transactions will not be affected by the terms of the servicing
      agreement between the mortgage servicer and the purchaser of the mortgages. Under section 541(d), the trustee
      is required to recognize the purchaser’s title to the mortgages or interests in mortgages and to turn this
      property over to the purchaser. It makes no difference whether the serv­icer and the purchaser characterize
      their relationship as one of trust, agency, or independent contractor. The purpose of section 541(d) as applied
      to the secondary mortgage market is therefore to make certain that secondary mortgage market sales as they
      are currently structured are not subject to challenge by bankruptcy trustees and that purchasers of mortgages
      will be able to obtain the mortgages or interests in mortgages which they have purchased from trustees without
      the trustees asserting that a sale of mortgages is a loan from the purchaser to the seller. Thus, as section
      541(a)(1) clearly states, the estate is comprised of all legal or equitable interests of the debtor in property
      as of the commencement of the case. To the extent such an interest is limited in the hands of the debtor,
      it is equally limited in the hands of the estate except to the extent that defenses which are personal against
      the debtor are not effective against the estate. Property of the estate: The Senate amendment provided that
      property of the estate does not include amounts held by the debtor as trustee and any taxes withheld or collected
      from others before the commencement of the case. The House amendment removes these two provisions. As to property
      held by the debtor as a trustee, the House amendment provides that property of the estate will include whatever
      interest the debtor held in the property at the commencement of the case. Thus, where the debtor held only
      legal title to the property and the beneficial interest in that property belongs to another, such as exists
      in the case of property held in trust, the property of the estate includes the legal title, but not the beneficial
      interest in the property. As to withheld taxes, the House amendment deletes the rule in the Senate bill as
      unnecessary since property of the estate does not include the beneficial interest in property held by the
      debtor as a trustee. Under the Internal Revenue Code of 1954 ( section 7501 ) [ 26 U.S.C. 7501 ], the amounts
      of withheld taxes are held to be a special fund in trust for the United States. Where the Internal Revenue
      Service can demonstrate that the amounts of taxes withheld are still in the possession of the debtor at the
      commencement of the case, then if a trust is created, those amounts are not property of the estate. Compare
      In re Shakesteers Coffee Shops, 546 F.2d 821 (9th Cir. 1976) with In re Glynn Wholesale Building Materials,
      Inc. (S.D. Ga. 1978) and In re Progress Tech Colleges, Inc., 42 Aftr 2d 78–5573 (S.D. Ohio 1977). Where it
      is not possible for the Internal Revenue Service to demonstrate that the amounts of taxes withheld are still
      in the possession of the debtor at the commencement of the case, present law generally includes amounts of
      withheld taxes as property of the estate. See, e.g., United States v. Randall, 401 U.S. 513 (1973) [91 S.
      Ct. 991, 28 L.Ed.2d 273] and In re Tamasha Town and Country Club, 483 F.2d 1377 (9th Cir. 1973). Nonetheless,
      a serious problem exists where “trust fund taxes” withheld from others are held to be property of the estate
      where the withheld amounts are commingled with other assets of the debtor. The courts should permit the use
      of reasonable assumptions under which the Internal Revenue Service , and other tax authorities, can demonstrate
      that amounts of withheld taxes are still in the possession of the debtor at the commencement of the case.
      For example, where the debtor had commingled that amount of withheld taxes in his general checking account,
      it might be reasonable to assume that any remaining amounts in that account on the commencement of the case
      are the withheld taxes. In addition, Congress may consider future amendments to the Internal Revenue Code
      [title 26] making clear that amounts of withheld taxes are held by the debtor in a trust relationship and,
      consequently, that such amounts are not property of the estate. senate report no. 95–989 This section defines
      property of the estate, and specifies what property becomes property of the estate. The commencement of a
      bankruptcy case creates an estate. Under paragraph (1) of subsection (a), the estate is comprised of all legal
      or equitable interest of the debtor in property, wherever located, as of the commencement of the case. The
      scope of this paragraph is broad. It includes all kinds of property, including tangible or intangible property,
      causes of action (see Bankruptcy Act § 70a(6) [section 110(a)(6) of former title 11]), and all other forms
      of property currently specified in section 70a of the Bankruptcy Act § 70a [section 110(a) of former title
      11], as well as property recovered by the trustee under section 542 of proposed title 11, if the property
      recovered was merely out of the possession of the debtor, yet remained “property of the debtor.” The debtor’s
      interest in property also includes “title” to property, which is an interest, just as are a possessory interest,
      or lease-hold interest, for example. The result of Segal v. Rochelle, 382 U.S. 375 (1966), is followed, and
      the right to a refund is property of the estate. Though this paragraph will include choses in action and claims
      by the debtor against others, it is not intended to expand the debtor’s rights against others more than they
      exist at the commencement of the case. For example, if the debtor has a claim that is barred at the time of
      the commencement of the case by the statute of limitations, then the trustee would not be able to pursue that
      claim, because he too would be barred. He could take no greater rights than the debtor himself had. But see
      proposed 11 U.S.C. 108 , which would permit the trustee a tolling of the statute of limitations if it had
      not run before the date of the filing of the petition. Paragraph (1) has the effect of overruling Lockwood
      v. Exchange Bank, 190 U.S. 294 (1903), because it includes as property of the estate all property of the debtor,
      even that needed for a fresh start. After the property comes into the estate, then the debtor is permitted
      to exempt it under proposed 11 U.S.C. 522 , and the court will have jurisdiction to determine what property
      may be exempted and what remains as property of the estate. The broad jurisdictional grant in proposed 28
      U.S.C. 1334 would have the effect of overruling Lockwood independently of the change made by this provision.
      Paragraph (1) also has the effect of overruling Lines v. Frederick, 400 U.S. 18 (1970). Situations occasionally
      arise where property ostensibly belonging to the debtor will actually not be property of the debtor, but will
      be held in trust for another. For example, if the debtor has incurred medical bills that were covered by insurance,
      and the insurance company had sent the payment of the bills to the debtor before the debtor had paid the bill
      for which the payment was reimbursement, the payment would actually be held in a constructive trust for the
      person to whom the bill was owed. This section and proposed 11 U.S.C. 545 also will not affect various statutory
      provisions that give a creditor of the debtor a lien that is valid outside as well as inside bankruptcy, or
      that creates a trust fund for the benefit of a creditor of the debtor. See Packers and Stockyards Act § 206,
      7 U.S.C. 196 . Bankruptcy Act § 8 [section 26 of former title 11] has been deleted as unnecessary. Once the
      estate is created, no interests in property of the estate remain in the debtor. Consequently, if the debtor
      dies during the case, only property exempted from property of the estate or acquired by the debtor after the
      commencement of the case and not included as property of the estate will be available to the representative
      of the debtor’s probate estate. The bankruptcy proceeding will continue in rem with respect to property of
      the state, and the discharge will apply in personam to relieve the debtor, and thus his probate representative,
      of liability for dischargeable debts. The estate also includes the interests of the debtor and the debtor’s
      spouse in community property, subject to certain limitations; property that the trustee recovers under the
      avoiding powers; property that the debtor acquires by bequest, devise, inheritance, a property settlement
      agreement with the debtor’s spouse, or as the beneficiary of a life insurance policy within 180 days after
      the petition; and proceeds, product, offspring, rents, and profits of or from property of the estate, except
      such as are earning from services performed by an individual debtor after the commencement of the case. Proceeds
      here is not used in a confining sense, as defined in the Uniform Commercial Code, but is intended to be a
      broad term to encompass all proceeds of property of the estate. The conversion in form of property of the
      estate does not change its character as property of the estate. Subsection (b) excludes from property of the
      estate any power, such as a power of appointment, that the debtor may exercise solely for the benefit of an
      entity other than the debtor. This changes present law which excludes powers solely benefiting other persons
      but not other entities. Subsection (c) invalidates restrictions on the transfer of property of the debtor,
      in order that all of the interests of the debtor in property will become property of the estate. The provisions
      invalidated are those that restrict or condition transfer of the debtor’s interest, and those that are conditioned
      on the insolvency or financial condition of the debtor, on the commencement of a bankruptcy case, or on the
      appointment of a custodian of the debtor’s property. Paragraph (2) of subsection (c), however, preserves restrictions
      on a transfer of a spendthrift trust that the restriction is enforceable nonbankruptcy law to the extent of
      the income reasonably necessary for the support of a debtor and his dependents. Subsection (d) [enacted as
      (e)], derived from section 70c of the Bankruptcy Act [section 110(c) of former title 11], gives the estate
      the benefit of all defenses available to the debtor as against an entity other than the estate, including
      such defenses as statutes of limitations, statutes of frauds, usury, and other personal defenses, and makes
      waiver by the debtor after the commencement of the case ineffective to bind the estate. Section 541(e) [enacted
      as (d)] confirms the current status under the Bankruptcy Act [former title 11] of bona fide secondary mortgage
      market transactions as the purchase and sale of assets. Mortgages or interests in mortgages sold in the secondary
      market should not be considered as part of the debtor’s estate. To permit the efficient servicing of mortgages
      or interests in mortgages the seller often retains the original mortgage notes and related documents, and
      the purchaser records under State recording statutes the purchaser’s ownership of the mortgages or interests
      in mortgages purchased. Section 541(e) makes clear that the seller’s retention of the mortgage documents and
      the purchaser’s decision not to record do not impair the asset sale character of secondary mortgage market
      transactions. The committee notes that in secondary mortgage market transactions the parties may characterize
      their relationship as one of trust, agency, or independent contractor. The characterization adopted by the
      parties should not affect the statutes in bankruptcy on bona fide secondary mortgage market purchases and
      sales.'
    drafter_attestation: Verbatim slice of 11 U.S.C. §541 subsection (f) from Cornell LII snapshot 94e9454f3f2dd8c0;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
