§1183 Trustee

Summary

If the U.S. trustee already named a standing trustee under 28 U.S.C. 586(b) and that person meets the trustee requirements in section 322, that person must serve as trustee in the case. If not, the U.S. trustee must pick a neutral person to serve or may act as trustee themself. The trustee must carry out certain duties listed in other bankruptcy rules (including specific duties in sections 704(a) and, when the court orders it for cause, parts of 1106(a)). The trustee must show up at the status conference under section 1188 and at hearings about lien values, plan confirmation, plan changes, or sales of estate property; make sure the debtor makes plan payments on time; handle operations and other duties if the debtor is no longer in possession; deal with domestic support claims; and help parties reach a consensual reorganization plan. If a plan confirmed under section 1191(a) is substantially consummated, the trustee’s service ends, although the U.S. trustee can reappoint one for needed post-confirmation work. The debtor must file and serve notice of substantial consummation within 14 days to the trustee, the U.S. trustee, and all parties in interest.