§ 2256. — Omitted.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2256]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
[Sec. 2256. Omitted]
Codification
Section, added Pub. L. 95-598, title II, Sec. 250(a), Nov. 6, 1978,
92 Stat. 2672, did not become effective pursuant to section 402(b) of
Pub. L. 95-598, as amended, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy. Section read as follows:
Sec. 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, Sec. 3, Oct. 28, 1977,
91 Stat. 1220, related to jurisdiction of proceedings relating to
transferred offenders, prior to transfer to section 3244 of Title 18,
Crimes and Criminal Procedure, by Pub. L. 95-598, title III,
Sec. 314(j), Nov. 6, 1978, 92 Stat. 2677.
