11 USC § 558 - Defenses of the estate

---
identifier: "/us/usc/t11/s558"
source: "usc"
legal_status: "official_legal_evidence"
title: "11 USC § 558 - Defenses of the estate"
title_number: 11
title_name: "BANKRUPTCY"
section_number: "558"
section_name: "Defenses of the estate"
chapter_number: 5
chapter_name: "CREDITORS, THE DEBTOR, AND THE ESTATE"
subchapter_number: "III"
subchapter_name: "THE ESTATE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 98–353, title III, § 470(a), July 10, 1984, 98 Stat. 380.)"
---


# § 558. Defenses of the estate

The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses. A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.

---

**Source Credit**: (Added Pub. L. 98–353, title III, § 470(a), July 10, 1984, 98 Stat. 380.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective with respect to cases filed 90 days after , see , set out as an Effective Date of 1984 Amendment note under .