§1183 — Title 11 Bankruptcy | U.S. Code

Summary

If the United States trustee already named a standing trustee who meets the eligibility rules, that person must serve as the trustee in the case. If not, the United States trustee will pick someone with no conflict of interest to be trustee or may serve as the trustee themself. The trustee must carry out several duties listed elsewhere in the bankruptcy laws and must do extra duties if the court orders them. The trustee must show up at the status conference and at hearings about lien value, plan confirmation, plan changes after confirmation, or sale of estate property. The trustee must make sure the debtor starts making plan payments. If the debtor stops running the business, the trustee steps in to take on more duties and may run the business. The trustee must handle domestic support claims and help work toward a voluntary reorganization plan. When a confirmed plan is largely completed, the trustee’s role ends, but the United States trustee can reappoint a trustee if needed. The debtor must file and serve notice of substantial completion within 14 days after it happens.

Title 11, §1183

Bankruptcy — Source: USLM XML via OLRC

(a)If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this subchapter, and if such individual qualifies as a trustee under section 322 of this title, then that individual shall serve as trustee in any case under this subchapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary.

(b)The trustee shall—

(1)perform the duties specified in paragraphs (2), (5), (6), (7), and (9) of section 704(a) of this title;

(2)perform the duties specified in paragraphs (3), (4), and (7) of section 1106(a) of this title, if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;

(3)appear and be heard at the status conference under section 1188 of this title and any hearing that concerns—

(A)the value of property subject to a lien;

(B)confirmation of a plan filed under this subchapter;

(C)modification of the plan after confirmation; or

(D)the sale of property of the estate;

(4)ensure that the debtor commences making timely payments required by a plan confirmed under this subchapter;

(5)if the debtor ceases to be a debtor in possession—

(A)perform the duties specified in section 704(a)(8) and paragraphs (1), (2), and (6) of section 1106(a) of this title; and

(B)be authorized to operate the business of the debtor;

(6)if there is a claim for a domestic support obligation with respect to the debtor, perform the duties specified in section 704(c) of this title; and

(7)facilitate the development of a consensual plan of reorganization.

(c)(1)If the plan of the debtor is confirmed under section 1191(a) of this title, the service of the trustee in the case shall terminate when the plan has been substantially consummated, except that the United States trustee may reappoint a trustee as needed for performance of duties under subsection (b)(3)(C) of this section and section 1185(a) of this title.

(2)Not later than 14 days after the plan of the debtor is substantially consummated, the debtor shall file with the court and serve on the trustee, the United States trustee, and all parties in interest notice of such substantial consummation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(5). Pub. L. 117–151 substituted “possession—” for “possession,”, designated remainder of existing provisions as subpar. (A), struck out “, including operating the business of the debtor” after “1106(a) of this title”, inserted “and” at end, and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–151 applicable with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before

June 21, 2022, that is pending on

June 21, 2022, see section 2(h)(2) of Pub. L. 117–151, set out as an

Effective Date

of 2022 Amendment; Retroactive Application note under section 101 of this title.

Effective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an

Effective Date

of 2019 Amendment note under section 101 of this title.

§1183 Trustee

Summary

Title 11, §1183

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata