11 U.S. Code § 321 - Eligibility to serve as trustee
prev | next
(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
Source(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.)
Historical and Revision Notes
Section 321 indicates that an examiner may not serve as a trustee in the case.
senate report no. 95–989
Section 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.
Subsec. (c). Pub. L. 99–554, § 206, added subsec. (c).
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
LII has no control over and does not endorse any external Internet site that contains links to or references LII.