§1202 — Title 11 Bankruptcy | U.S. Code

Summary

When the United States trustee has named someone as a standing trustee under 28 U.S.C. 586(b) and that person also meets the qualification in section 322, that person must serve as trustee in cases under this chapter. If not, the United States trustee must pick a disinterested person to be trustee or may serve as trustee if needed. The trustee must carry out the duties listed in sections 704(a)(2),(3),(5),(6),(7),(9) and, if the court orders it for cause on request, the duties in 1106(a)(3) and 1106(a)(4). The trustee must appear at hearings about lien value, plan confirmation or changes, and sales of estate property. The trustee must make sure the debtor makes plan payments. If the debtor stops being a debtor in possession, the trustee must do the duties in 704(a)(8), 1106(a)(1),(2),(6),(7), and 1203. If there is a domestic support claim, the trustee must give written notices to the claim holder and the State child support enforcement agency, include agency contact info, and when a discharge under section 1228 is granted, notify them of the discharge, the debtor’s last known address and employer, and creditors with claims not discharged under 523(a)(2),(4), or (14A) or reaffirmed under 524(c). The claim holder or the state agency may ask a creditor for the debtor’s last known address, and a creditor who provides that address in response is protected from liability.

Title 11, §1202

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 chapter and if such individual qualifies as a trustee under section 322 of this title, then such individual shall serve as trustee in any case filed under this chapter. 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 if necessary.

(b)The trustee shall—

(1)perform the duties specified in section 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title;

(2)perform the duties specified in section 1106(a)(3) and 1106(a)(4) 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 any hearing that concerns—

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

(B)confirmation of a plan;

(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 confirmed plan;

(5)if the debtor ceases to be a debtor in possession, perform the duties specified in section 704(a)(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203; and

(6)if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).

(c)(1)In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall—

(A)(i)provide written notice to the holder of the claim described in subsection (b)(6) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under section 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and

(ii)include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency;

(B)(i)provide written notice to such State child support enforcement agency of such claim; and

(ii)include in the notice provided under clause (i) the name, address, and telephone number of such holder; and

(C)at such time as the debtor is granted a discharge under section 1228, provide written notice to such holder and to such State child support enforcement agency of—

(i)the granting of the discharge;

(ii)the last recent known address of the debtor;

(iii)the last recent known name and address of the debtor’s employer; and

(iv)the name of each creditor that holds a claim that—

(I)is not discharged under paragraph (2), (4), or (14A) of section 523(a); or

(II)was reaffirmed by the debtor under section 524(c).

(2)(A)The holder of a claim described in subsection (b)(6) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B)Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making that disclosure.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to section 664 and 666, respectively, of Title 42, The Public Health and Welfare. Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2010—Subsec. (b)(1). Pub. L. 111–327, § 2(a)(38)(A), substituted “704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)” for “704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)”. Subsec. (b)(5). Pub. L. 111–327, § 2(a)(38)(B), substituted “704(a)(8)” for “704(8)”. 2005—Subsec. (b)(6). Pub. L. 109–8, § 219(c)(1), added par. (6). Subsec. (c). Pub. L. 109–8, § 219(c)(2), added subsec. (c). 1986—Subsecs. (c), (d). Pub. L. 99–554, § 227, struck out subsecs. (c) and (d) which read as follows: “(c) If the number of cases under this chapter commenced in a particular judicial district so warrants, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter. “(d)(1) A court that has appointed an individual under subsection (a) of this section to serve as standing trustee in cases under this chapter shall set for such individual— “(A) a maximum annual compensation not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and “(B) a percentage fee not to exceed the sum of— “(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and “(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. “(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— “(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and “(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— “(i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus “(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases.” See section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by section 219(c) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date

sPermanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For

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s of

Amendments

extending periods for which section was reenacted prior to permanent reenactment, see

Effective Date

of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title. Section effective 30 days after Oct. 27, 1986, and before the amendment by section 227 of Pub. L. 99–554, see section 302(c)(2) of Pub. L. 99–554, set out in an

Effective Date

of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective Date

and applicability of amendment by section 227 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554. References in Subsection (a) Temporarily Deemed To Be References to Other ProvisionsUntil the

Amendments

made by subtitle A (§§ 201 to 231) of title II of Pub. L. 99–554 become effective in a district and apply to a case, in subsec. (a) of this section— (1) the first two references to the United States trustee are deemed to be references to the court, and (2) any reference to section 586(b) of Title 28, Judiciary and Judicial Procedure, is deemed to be a reference to subsec. (c) of this section, see section 302(c)(3)(B), (d), (e) of Pub. L. 99–554, set out in an

Effective Date

of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28.

§1202 Trustee

Summary

Title 11, §1202

Notes & Related Subsidiaries

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