United States Code (Last Updated: May 24, 2014) |
Title 28. JUDICIARY AND JUDICIAL PROCEDURE |
Part VI. PARTICULAR PROCEEDINGS |
Chapter 153. HABEAS CORPUS |
§ 2256. Omitted
Codification
Section, added Pub. L. 95–598, title II, § 250(a),
§ 2256. Habeas corpus from bankruptcy courts
A bankruptcy court may issue a writ of habeas corpus—
(1) when appropriate to bring a person before the court—
(A) for examination;
(B) to testify; or
(C) to perform a duty imposed on such person under this title; or
(2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if—
(A) such debtor was arrested or imprisoned on process in any civil action;
(B) such process was issued for the collection of a debt—
(i) dischargeable under title 11; or
(ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and
(C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ.
Prior Provisions
A prior section 2256, added Pub. L. 95–144, § 3,