Title 11 — BankruptcyRelease 119-73not60
§325 Effect of Vacancy
Title 11 › Chapter 3— CASE ADMINISTRATION › Subchapter II— OFFICERS › § 325
Summary
If the trustee position is vacant, cases continue and a successor replaces them.
Full Legal Text
Title 11, §325
Bankruptcy — Source: USLM XML via OLRC
A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
senate report no. 95–989
section 325, derived from Bankruptcy Act section 46 [section 74 of former title 11] and Bankruptcy Rule 221(b), specifies that a vacancy in the office of trustee during a case does not abate any pending action or proceeding. The successor trustee, when selected and qualified, is substituted as a party in any pending action or proceeding.
Reference
Citations & Metadata
Citation
11 U.S.C. § 325
Title 11 — Bankruptcy
Last Updated
Apr 3, 2026
Release point: 119-73not60