
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
