Title 11, BankruptcyRelease 119-73not60
§323 Role and Capacity of Trustee
Title 11 › Chapter 3— CASE ADMINISTRATION › Subchapter II— OFFICERS › § 323
Summary
Makes the trustee the person who represents the bankruptcy estate and gives the trustee the power to sue others or to be sued in court.
Full Legal Text
Title 11, §323
Bankruptcy, Source: USLM XML via OLRC
(a)The trustee in a case under this title is the representative of the estate.
(b)The trustee in a case under this title has capacity to sue and be sued.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
senate report no. 95–989
Subsection (a) of this section makes the trustee the representative of the estate. Subsection (b) grants the trustee the capacity to sue and to be sued. If the debtor remains in possession in a chapter 11 case, section 1107 gives the debtor in possession these rights of the trustee: the debtor in possession becomes the representative of the estate, and may sue and be sued. The same applies in a chapter 13 case.
Reference
Citations & Metadata
Citation
11 U.S.C. § 323
Title 11, Bankruptcy
Last Updated
Apr 3, 2026
Release point: 119-73not60