11 U.S. Code § 322 - Qualification of trustee
(a) Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.
(1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title.
(c) A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor.
Source(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98–353, title III, § 429,July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 207, 257(d),Oct. 27, 1986, 100 Stat. 3098, 3114; Pub. L. 103–394, title V, § 501(d)(3),Oct. 22, 1994, 108 Stat. 4143; Pub. L. 111–16, § 2(2),May 7, 2009, 123 Stat. 1607.)
Historical and Revision Notes
Section 322 (a) is modified to include a trustee serving in a railroad reorganization under subchapter IV of chapter 11.
senate report no. 95–989
A trustee qualifies in a case by filing, within five days after selection, a bond in favor of the United States, conditioned on the faithful performance of his official duties. This section is derived from the Bankruptcy Act section 50b [section 78(b) of former title 11]. The court is required to determine the amount of the bond and the sufficiency of the surety on the bond. Subsection (c), derived from Bankruptcy Act section 50i [section 78(i) of former title 11], relieves the trustee from personal liability and from liability on his bond for any penalty or forfeiture incurred by the debtor. Subsection (d), derived from section 50m [section 78(m) of former title 11], fixes a two-year statute of limitations on any action on a trustee’s bond. Finally, subsection (e) dispenses with the bonding requirement for the United States trustee.
2009—Subsec. (a). Pub. L. 111–16substituted “seven days” for “five days”.
1994—Subsec. (a). Pub. L. 103–394substituted “1202, or 1302” for “1302, or 1202”.
Pub. L. 99–554, § 207(1), substituted “Except as provided in subsection (b)(1), a person” for “A person”.
Subsec. (b). Pub. L. 99–554, § 207(2), amended subsec. (b) generally, adding par. (1), designating existing provisions as par. (2), substituting “The United States trustee” for “The court”, “(A) the amount” for “(1) the amount”, and “(B) the sufficiency” for “(2) the sufficiency”.
1984—Subsec. (b)(1). Pub. L. 98–353inserted “required to be”.
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–16effective Dec. 1, 2009, see section 7 ofPub. L. 111–16, set out as a note under section 109 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section 101 of this title.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by section 207 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
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