(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.
321 indicates that an examiner may not serve as a trustee in the case.
senate report no. 95–989
321 is adapted from current Bankruptcy Act § 45 [section 73 of former title 11] and Bankruptcy Rule
209. Subsection (a) specifies that an individual may serve as trustee in a bankruptcy case only if he is competent to perform the duties of trustee and resides or has an office in the judicial district within which the case is pending, or in an adjacent judicial district. A corporation must be authorized by its charter or bylaws to act as trustee, and, for chapter 7 or 13 cases, must have an office in any of the above mentioned judicial districts.
1986—Subsec. (a). Pub. L. 99–554, § 257(c), inserted reference to chapter 12 in two places.
1984—Subsec. (b). Pub. L. 98–353substituted “the case” for “a case” after “an examiner in”.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by section 206 ofPub. L. 99–554dependent upon the judicial district involved, see section 302(d), (e) ofPub. L. 99–554, set out as a note under section
581 of Title
28, Judiciary and Judicial Procedure.
Amendment by section 257 ofPub. L. 99–554effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) ofPub. L. 99–554.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) ofPub. L. 98–353, set out as a note under section
101 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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