Title 11BankruptcyRelease 119-73

§1105 Termination of trustee’s appointment

Title 11 › Chapter CHAPTER 11— - REORGANIZATION › Subchapter SUBCHAPTER I— - OFFICERS AND ADMINISTRATION › § 1105

Last updated Apr 6, 2026|Official source

Summary

Before plan confirmation, the court may remove the trustee and restore debtor control after notice, hearing, and a request by an interested party or the U.S. trustee.

Full Legal Text

Title 11, §1105

Bankruptcy — Source: USLM XML via OLRC

At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee’s appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor’s business.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

This section authorizes the court to terminate the trustee’s appointment and to restore the debtor to possession and management of the property of the estate and to operation of the debtor’s business. section 1104(a) provides that this section does not apply in the case of a public company, for which the appointment of a trustee is mandatory.

house report no. 95–595

This section authorizes the court to terminate the trustee’s appointment and to restore the debtor to possession and management of the property of the estate, and to operation of the debtor’s business. This section would permit the court to reverse its decision to order the appointment of a trustee in light of new evidence.

Editorial Notes

Amendments

1986—Pub. L. 99–554 inserted “or the United States trustee” after “party in interest”. 1984—Pub. L. 98–353 substituted “estate and of the” for “estate, and”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 Amendment

Effective Date

and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1105

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73