§1183 Trustee

Summary

When the United States trustee has picked someone as a standing trustee under 28 U.S.C. 586(b) and that person meets the trustee rules in 11 U.S.C. 322, that person must serve as the trustee in cases under this subchapter. If not, the United States trustee must appoint a neutral person or may act as the trustee if needed. The trustee must carry out duties listed in paragraphs (2), (5), (6), (7), and (9) of 11 U.S.C. 704(a). If the court orders it for cause and a party asks, the trustee must also do the duties in paragraphs (3), (4), and (7) of 11 U.S.C. 1106(a). The trustee must attend the status conference under 11 U.S.C. 1188 and hearings about lien value, plan confirmation or modification, and sale of estate property. The trustee must make sure the debtor starts making plan payments on time. If the debtor stops being a debtor in possession, the trustee must do the duties in 11 U.S.C. 704(a)(8) and paragraphs (1), (2), and (6) of 11 U.S.C. 1106(a) and may run the debtor’s business. If there is a domestic support obligation claim, the trustee must do the duty in 11 U.S.C. 704(c). The trustee should help parties reach a consensual reorganization plan. If a plan confirmed under 11 U.S.C. 1191(a) is substantially consummated, the trustee’s service ends then, but the United States trustee may reappoint a trustee for duties under subsection (b)(3)(C) and 11 U.S.C. 1185(a). Within 14 days after substantial consummation, the debtor must file and serve notice of that fact on the trustee, the United States trustee, and all parties in interest.