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11 U.S.C. § 321Eligibility to serve as trustee

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 151 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a)

A person may serve as trustee in a case under this title only if such person is—

(1)

an individual that is competent to perform the duties of trustee and, in a case under chapter 7, 12, or 13 of this title, resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or

(2)

a corporation authorized by such corporation’s charter or bylaws to act as trustee, and, in a case under chapter 7, 12, or 13 of this title, having an office in at least one of such districts.

(b)

A person that has served as an examiner in the case may not serve as trustee in the case.

(c)

The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 98–353, title III, § 428, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 206, 257(c), Oct. 27, 1986, 100 Stat. 3098, 3114.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2561
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 369
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3098, 3114

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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