---
kind: "section"
citation: "11 U.S.C. § 558"
title: "11"
title_heading: "Bankruptcy"
number: "558"
heading: "Defenses of the estate"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/558"
units:
  - "Chapter 5 — Creditors, the Debtor, and the Estate"
  - "Subchapter III — The Estate"
---

# §558. Defenses of the estate


The estate shall have the benefit of any defense available to the [debtor](/usc/11/101.md?p=13) as against any [entity](/usc/11/101.md?p=15) 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](/usc/11/101.md?p=13) 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.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as an Effective Date of 1984 Amendment note under section 101 of this title.