Source
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009.)
Notes of Advisory Committee on Rules—1983
This rule is adapted from former Bankruptcy Rule
209
(c). The remainder of that rule is inapplicable because its provisions are covered by §§ 701–703, 321 of the Code.
If the person selected as trustee accepts the office, he must qualify within five days after his selection, as required by § 322(a) of the Code.
In districts having a standing trustee for chapter 13 cases, a blanket acceptance of the appointment would be sufficient for compliance by the standing trustee with this rule.
Notes of Advisory Committee on Rules—1987 Amendment
The rule is amended to eliminate the need for a standing chapter 13 trustee or member of the panel of chapter 7 trustees to accept or reject an appointment.
Notes of Advisory Committee on Rules—1991 Amendment
The amendments to this rule relating to the United States trustee are derived from Rule X–1004(a) and conform to the 1986 amendments to the Code and
28 U.S.C. §
586 which provide that the United States trustee appoints and supervises trustees, and in a chapter 7 case presides over any election of a trustee. This rule applies when a trustee is either appointed or elected. This rule is also amended to provide for chapter 12 cases.
Committee Notes on Rules—2009 Amendment
The rule is amended to implement changes in connection with the amendment to Rule
9006
(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:
5-day periods become 7-day periods
10-day periods become 14-day periods
15-day periods become 14-day periods
20-day periods become 21-day periods
25-day periods become 28-day periods