; and (2) section 364. (b) Avoidance of transfers The debtor may avoid a transfer of property of the debtor or recover a setoff if— (1) (A) the transfer is avoidable by the trustee under section 544, 545, 547, 548, 549, or 1041 or recoverable by the trustee under section 553; and (B) the trustee does not attempt to avoid the transfer; or (2) section 1042 prohibits the trustee from avoiding the transfer. 1003. Debtor engaged in business (a) In general For the purposes of this chapter, a debtor is engaged in business if the debtor is— (1) self-employed; and (2) required to withhold taxes under section 3402 of the Internal Revenue Code of 1986. (b) Rights Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor and, subject to any limitations on a trustee under sections 363(c) and 364 and to such limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections. (c) Duties A debtor engaged in business— (1) shall perform the duties of the trustee required under section 704(7); and (2) is not subject to the provisions of section 308. 1004. Possession of property of the estate The debtor shall remain in possession of all property of the estate, unless— (1) a confirmed plan or an order confirming a plan provides otherwise; or (2) the court, for cause, orders otherwise. 1005. Conversion or dismissal (a) Conversion on request of debtor At any time, the debtor may convert a case under this chapter to a case under— (1) chapter 11, if the debtor is eligible under section 109(e)