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11 U.S.C. § 543Turnover of property by a custodian

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 402 words · no verdicts yet

in plain englishAI-generated · not legal advice

A custodian who knows a bankruptcy case has begun generally may not distribute or administer the debtor’s property. The custodian must turn over property and file an accounting, while the court protects affected entities, pays reasonable compensation, and addresses improper disbursements.

(a) A custodian who knows a case under this title concerning the debtor has begun may not distribute or administer the debtor’s property, its proceeds, products, offspring, rents, or profits, or estate property in the custodian’s possession or control. The only exception is action needed to preserve the property. (b) A custodian must (1) deliver to the trustee property of the debtor, and its proceeds, products, offspring, rents, or profits, that the custodian possessed or controlled when learning the case had begun; and (2) file an accounting of any such property or proceeds, products, offspring, rents, or profits that ever came into the custodian’s possession or control. (c) After notice and a hearing, the court must (1) protect entities to which the custodian became obligated concerning the property; (2) provide reasonable compensation for the custodian’s services and costs; and (3) charge the custodian for improper or excessive disbursements. The charge does not apply to a benefit-of-creditors assignee appointed or taking possession more than 120 days before the petition date, or to a disbursement allowed by applicable law or approved after notice and hearing by a court with jurisdiction before this case began. (d) After notice and a hearing, the bankruptcy court (1) may excuse compliance with subsection (a), (b), or (c) if creditors—and, if the debtor is not insolvent, equity holders—would be better served by letting the custodian continue in possession or control; and (2) must excuse compliance with (a) and (b)(1) for a benefit-of-creditors assignee appointed or taking possession more than 120 days before the petition date, unless compliance is needed to prevent fraud or injustice.
the actual law source: uscode.house.gov ↗public domain
(a)

A custodian with knowledge of the commencement of a case under this title concerning the debtor may not make any disbursement from, or take any action in the administration of, property of the debtor, proceeds, product, offspring, rents, or profits of such property, or property of the estate, in the possession, custody, or control of such custodian, except such action as is necessary to preserve such property.

(b)

A custodian shall—

(1)

deliver to the trustee any property of the debtor held by or transferred to such custodian, or proceeds, product, offspring, rents, or profits of such property, that is in such custodian’s possession, custody, or control on the date that such custodian acquires knowledge of the commencement of the case; and

(2)

file an accounting of any property of the debtor, or proceeds, product, offspring, rents, or profits of such property, that, at any time, came into the possession, custody, or control of such custodian.

(c)

The court, after notice and a hearing, shall—

(1)

protect all entities to which a custodian has become obligated with respect to such property or proceeds, product, offspring, rents, or profits of such property;

(2)

provide for the payment of reasonable compensation for services rendered and costs and expenses incurred by such custodian; and

(3)

surcharge such custodian, other than an assignee for the benefit of the debtor’s creditors that was appointed or took possession more than 120 days before the date of the filing of the petition, for any improper or excessive disbursement, other than a disbursement that has been made in accordance with applicable law or that has been approved, after notice and a hearing, by a court of competent jurisdiction before the commencement of the case under this title.

(d)

After notice and hearing, the bankruptcy court—

(1)

may excuse compliance with subsection (a), (b), or (c) of this section if the interests of creditors and, if the debtor is not insolvent, of equity security holders would be better served by permitting a custodian to continue in possession, custody, or control of such property, and

(2)

shall excuse compliance with subsections (a) and (b)(1) of this section if the custodian is an assignee for the benefit of the debtor’s creditors that was appointed or took possession more than 120 days before the date of the filing of the petition, unless compliance with such subsections is necessary to prevent fraud or injustice.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2595; Pub. L. 98–353, title III, § 458, July 10, 1984, 98 Stat. 376; Pub. L. 103–394, title V, § 501(d)(17), Oct. 22, 1994, 108 Stat. 4146.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2595
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 376
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4146

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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