11 U.S.C. § 1104 — Appointment of trustee or examiner

(a) After a case begins but before a plan is confirmed, the court must order a trustee's appointment when a party in interest or the United States trustee requests it, notice is given, and a hearing occurs—

(1) for cause, including fraud, dishonesty, incompetence, gross mismanagement of the debtor's affairs by current management before or after the case began, or similar cause. The number of the debtor's security holders and the amount of its assets or liabilities are not cause; or

(2) when the appointment is in the interests of creditors, equity-security holders, and the estate's other interests. The number of security holders and the amount of assets or liabilities do not matter for this purpose.

(b) (1) Except as section 1163 provides, if a party in interest asks within 30 days after the court orders a trustee under subsection (a), the United States trustee must call a creditors' meeting to elect one disinterested trustee. The election must follow section 702(a), (b), and (c).

(2)(A) If an eligible, disinterested trustee is elected, the United States trustee must file a report certifying the election.

(B) When that report is filed, the elected trustee is considered selected and appointed for this section, and the service of any trustee appointed under subsection (a) ends.

(C) The court must resolve disputes arising from the election.

(c) If the court does not appoint a trustee under this section, then before plan confirmation, after a request, notice, and hearing, it must appoint an examiner to investigate the debtor^* as appropriate, including allegations of fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity by current or former management, if—

(1) the appointment serves creditors, equity-security holders, and the estate's other interests; or

(2) the debtor's fixed, liquidated, unsecured debts exceed $5 million, excluding debts for goods, services, or taxes and debts owed to an insider.

(d) If the court appoints a trustee or examiner, or if one dies, resigns, is removed under section 324, or fails to qualify under section 322, the United States trustee must, after consulting parties in interest and subject to court approval, appoint one disinterested person^* other than the United States trustee as the trustee or examiner.

(e) The United States trustee must ask the court to appoint a trustee under subsection (a) when there are reasonable grounds to suspect that current governing-body members, the debtor's chief executive or chief financial officer, or governing-body members who selected either officer took part in actual fraud, dishonesty, or criminal conduct in managing the debtor or its public financial reporting.