(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 sections 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 sections 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 sections 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.
- Home
- USC : Title 11 – BANKRUPTCY
- 11 USC Chapter 01 – GENERAL PROVISIONS
- 11 USC § 101 – Definitions
- 11 USC § 102 – Rules of construction
- 11 USC § 103 – Applicability of chapters
- 11 USC § 104 – Adjustment of dollar amounts
- 11 USC § 105 – Power of court
- 11 USC § 106 – Waiver of sovereign immunity
- 11 USC § 107 – Public access to papers
- 11 USC § 109 – Who may be a debtor
- 11 USC § 110 – Penalty for persons who negligently or fraudulently prepare bankruptcy petitions
- 11 USC § 111 – Nonprofit budget and credit counseling agencies; financial management instructional courses
- 11 USC § 112 – Prohibition on disclosure of name of minor children
- 11 USC Chapter 03 – CASE ADMINISTRATION
- 11 USC Chapter 3, Subchapter I – COMMENCEMENT OF A CASE
- 11 USC Chapter 3, Subchapter II – OFFICERS
- 11 USC § 321 – Eligibility to serve as trustee
- 11 USC § 322 – Qualification of trustee
- 11 USC § 323 – Role and capacity of trustee
- 11 USC § 324 – Removal of trustee or examiner
- 11 USC § 325 – Effect of vacancy
- 11 USC § 326 – Limitation on compensation of trustee
- 11 USC § 327 – Employment of professional persons
- 11 USC § 328 – Limitation on compensation of professional persons
- 11 USC § 329 – Debtor’s transactions with attorneys
- 11 USC § 330 – Compensation of officers
- 11 USC § 331 – Interim compensation
- 11 USC § 332 – Consumer privacy ombudsman
- 11 USC § 333 – Appointment of patient care ombudsman
- 11 USC Chapter 3, Subchapter III – ADMINISTRATION
- 11 USC § 341 – Meetings of creditors and equity security holders
- 11 USC § 342 – Notice
- 11 USC § 343 – Examination of the debtor
- 11 USC § 344 – Self-incrimination; immunity
- 11 USC § 345 – Money of estates
- 11 USC § 346 – Special provisions related to the treatment of State and local taxes
- 11 USC § 347 – Unclaimed property
- 11 USC § 348 – Effect of conversion
- 11 USC § 349 – Effect of dismissal
- 11 USC § 350 – Closing and reopening cases
- 11 USC § 351 – Disposal of patient records
- 11 USC Chapter 3, Subchapter IV – ADMINISTRATIVE POWERS
- 11 USC Chapter 05 – CREDITORS, THE DEBTOR, AND THE ESTATE
- 11 USC Chapter 5, Subchapter I – CREDITORS AND CLAIMS
- 11 USC § 501 – Filing of proofs of claims or interests
- 11 USC § 502 – Allowance of claims or interests
- 11 USC § 503 – Allowance of administrative expenses
- 11 USC § 504 – Sharing of compensation
- 11 USC § 505 – Determination of tax liability
- 11 USC § 506 – Determination of secured status
- 11 USC § 507 – Priorities
- 11 USC § 508 – Effect of distribution other than under this title
- 11 USC § 509 – Claims of codebtors
- 11 USC § 510 – Subordination
- 11 USC § 511 – Rate of interest on tax claims
- 11 USC Chapter 5, Subchapter II – DEBTOR’S DUTIES AND BENEFITS
- 11 USC § 521 – Debtor’s duties
- 11 USC § 522 – Exemptions
- 11 USC § 523 – Exceptions to discharge
- 11 USC § 524 – Effect of discharge
- 11 USC § 525 – Protection against discriminatory treatment
- 11 USC § 526 – Restrictions on debt relief agencies
- 11 USC § 527 – Disclosures
- 11 USC § 528 – Requirements for debt relief agencies
- 11 USC Chapter 5, Subchapter III – THE ESTATE
- 11 USC § 541 – Property of the estate
- 11 USC § 542 – Turnover of property to the estate
- 11 USC § 543 – Turnover of property by a custodian
- 11 USC § 544 – Trustee as lien creditor and as successor to certain creditors and purchasers
- 11 USC § 545 – Statutory liens
- 11 USC § 546 – Limitations on avoiding powers
- 11 USC § 547 – Preferences
- 11 USC § 548 – Fraudulent transfers and obligations
- 11 USC § 549 – Postpetition transactions
- 11 USC § 550 – Liability of transferee of avoided transfer
- 11 USC § 551 – Automatic preservation of avoided transfer
- 11 USC § 552 – Postpetition effect of security interest
- 11 USC § 553 – Setoff
- 11 USC § 554 – Abandonment of property of the estate
- 11 USC § 555 – Contractual right to liquidate, terminate, or accelerate a securities contract
- 11 USC § 556 – Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract
- 11 USC § 557 – Expedited determination of interests in, and abandonment or other disposition of grain assets
- 11 USC § 558 – Defenses of the estate
- 11 USC § 559 – Contractual right to liquidate, terminate, or accelerate a repurchase agreement
- 11 USC § 560 – Contractual right to liquidate, terminate, or accelerate a swap agreement
- 11 USC § 561 – Contractual right to terminate, liquidate, accelerate, or offset under a master netting agreement and across contracts; proceedings under chapter 15
- 11 USC § 562 – Timing of damage measurement in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, and master netting agreements
- 11 USC Chapter 5, Subchapter I – CREDITORS AND CLAIMS
- 11 USC Chapter 07 – LIQUIDATION
- 11 USC Chapter 7, Subchapter I – OFFICERS AND ADMINISTRATION
- 11 USC Chapter 7, Subchapter II – COLLECTION, LIQUIDATION, AND DISTRIBUTION OF THE ESTATE
- 11 USC § 721 – Authorization to operate business
- 11 USC § 722 – Redemption
- 11 USC § 723 – Rights of partnership trustee against general partners
- 11 USC § 724 – Treatment of certain liens
- 11 USC § 725 – Disposition of certain property
- 11 USC § 726 – Distribution of property of the estate
- 11 USC § 727 – Discharge
- 11 USC Chapter 7, Subchapter III – STOCKBROKER LIQUIDATION
- 11 USC § 741 – Definitions for this subchapter
- 11 USC § 742 – Effect of
- 11 USC § 743 – Notice
- 11 USC § 744 – Executory contracts
- 11 USC § 745 – Treatment of accounts
- 11 USC § 746 – Extent of customer claims
- 11 USC § 747 – Subordination of certain customer claims
- 11 USC § 748 – Reduction of securities to money
- 11 USC § 749 – Voidable transfers
- 11 USC § 750 – Distribution of securities
- 11 USC § 751 – Customer name securities
- 11 USC § 752 – Customer property
- 11 USC § 753 – Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants
- 11 USC Chapter 7, Subchapter IV – COMMODITY BROKER LIQUIDATION
- 11 USC § 761 – Definitions for this subchapter
- 11 USC § 762 – Notice to the Commission and right to be heard
- 11 USC § 763 – Treatment of accounts
- 11 USC § 764 – Voidable transfers
- 11 USC § 765 – Customer instructions
- 11 USC § 766 – Treatment of customer property
- 11 USC § 767 – Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants
- 11 USC Chapter 7, Subchapter V – CLEARING BANK LIQUIDATION
- 11 USC Chapter 09 – ADJUSTMENT OF DEBTS OF A MUNICIPALITY
- 11 USC Chapter 9, Subchapter I – GENERAL PROVISIONS
- 11 USC Chapter 9, Subchapter II – ADMINISTRATION
- 11 USC § 921 – Petition and proceedings relating to petition
- 11 USC § 922 – Automatic stay of enforcement of claims against the debtor
- 11 USC § 923 – Notice
- 11 USC § 924 – List of creditors
- 11 USC § 925 – Effect of list of claims
- 11 USC § 926 – Avoiding powers
- 11 USC § 927 – Limitation on recourse
- 11 USC § 928 – Post petition effect of security interest
- 11 USC § 929 – Municipal leases
- 11 USC § 930 – Dismissal
- 11 USC Chapter 9, Subchapter III – THE PLAN
- 11 USC Chapter 11 – REORGANIZATION
- 11 USC Chapter 11, Subchapter I – OFFICERS AND ADMINISTRATION
- 11 USC § 1101 – Definitions for this chapter
- 11 USC § 1102 – Creditors’ and equity security holders’ committees
- 11 USC § 1103 – Powers and duties of committees
- 11 USC § 1104 – Appointment of trustee or examiner
- 11 USC § 1105 – Termination of trustee’s appointment
- 11 USC § 1106 – Duties of trustee and examiner
- 11 USC § 1107 – Rights, powers, and duties of debtor in possession
- 11 USC § 1108 – Authorization to operate business
- 11 USC § 1109 – Right to be heard
- 11 USC § 1110 – Aircraft equipment and vessels
- 11 USC § 1111 – Claims and interests
- 11 USC § 1112 – Conversion or dismissal
- 11 USC § 1113 – Rejection of collective bargaining agreements
- 11 USC § 1114 – Payment of insurance benefits to retired employees
- 11 USC § 1115 – Property of the estate
- 11 USC § 1116 – Duties of trustee or debtor in possession in small business cases
- 11 USC Chapter 11, Subchapter II – THE PLAN
- 11 USC § 1121 – Who may file a plan
- 11 USC § 1122 – Classification of claims or interests
- 11 USC § 1123 – Contents of plan
- 11 USC § 1124 – Impairment of claims or interests
- 11 USC § 1125 – Postpetition disclosure and solicitation
- 11 USC § 1126 – Acceptance of plan
- 11 USC § 1127 – Modification of plan
- 11 USC § 1128 – Confirmation hearing
- 11 USC § 1129 – Confirmation of plan
- 11 USC Chapter 11, Subchapter III – POSTCONFIRMATION MATTERS
- 11 USC Chapter 11, Subchapter IV – RAILROAD REORGANIZATION
- 11 USC § 1161 – Inapplicability of other sections
- 11 USC § 1162 – Definition
- 11 USC § 1163 – Appointment of trustee
- 11 USC § 1164 – Right to be heard
- 11 USC § 1165 – Protection of the public interest
- 11 USC § 1166 – Effect of
- 11 USC § 1167 – Collective bargaining agreements
- 11 USC § 1168 – Rolling stock equipment
- 11 USC § 1169 – Effect of rejection of lease of railroad line
- 11 USC § 1170 – Abandonment of railroad line
- 11 USC § 1171 – Priority claims
- 11 USC § 1172 – Contents of plan
- 11 USC § 1173 – Confirmation of plan
- 11 USC § 1174 – Liquidation
- 11 USC Chapter 11, Subchapter I – OFFICERS AND ADMINISTRATION
- 11 USC Chapter 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME
- 11 USC Chapter 12, Subchapter I – OFFICERS, ADMINISTRATION, AND THE ESTATE
- 11 USC § 1201 – Stay of action against codebtor
- 11 USC § 1202 – Trustee
- 11 USC § 1203 – Rights and powers of debtor
- 11 USC § 1204 – Removal of debtor as debtor in possession
- 11 USC § 1205 – Adequate protection
- 11 USC § 1206 – Sales free of interests
- 11 USC § 1207 – Property of the estate
- 11 USC § 1208 – Conversion or dismissal
- 11 USC Chapter 12, Subchapter II – THE PLAN
- 11 USC § 1221 – Filing of plan
- 11 USC § 1222 – Contents of plan
- 11 USC § 1223 – Modification of plan before confirmation
- 11 USC § 1224 – Confirmation hearing
- 11 USC § 1225 – Confirmation of plan
- 11 USC § 1226 – Payments
- 11 USC § 1227 – Effect of confirmation
- 11 USC § 1228 – Discharge
- 11 USC § 1229 – Modification of plan after confirmation
- 11 USC § 1230 – Revocation of an order of confirmation
- 11 USC § 1231 – Special tax provisions
- 11 USC Chapter 12, Subchapter I – OFFICERS, ADMINISTRATION, AND THE ESTATE
- 11 USC Chapter 13 – ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME
- 11 USC Chapter 13, Subchapter I – OFFICERS, ADMINISTRATION, AND THE ESTATE
- 11 USC § 1301 – Stay of action against codebtor
- 11 USC § 1302 – Trustee
- 11 USC § 1303 – Rights and powers of debtor
- 11 USC § 1304 – Debtor engaged in business
- 11 USC § 1305 – Filing and allowance of postpetition claims
- 11 USC § 1306 – Property of the estate
- 11 USC § 1307 – Conversion or dismissal
- 11 USC § 1308 – Filing of prepetition tax returns
- 11 USC Chapter 13, Subchapter II – THE PLAN
- 11 USC § 1321 – Filing of plan
- 11 USC § 1322 – Contents of plan
- 11 USC § 1323 – Modification of plan before confirmation
- 11 USC § 1324 – Confirmation hearing
- 11 USC § 1325 – Confirmation of plan
- 11 USC § 1326 – Payments
- 11 USC § 1327 – Effect of confirmation
- 11 USC § 1328 – Discharge
- 11 USC § 1329 – Modification of plan after confirmation
- 11 USC § 1330 – Revocation of an order of confirmation
- 11 USC Chapter 13, Subchapter I – OFFICERS, ADMINISTRATION, AND THE ESTATE
- 11 USC Chapter 15 – ANCILLARY AND OTHER CROSS-BORDER CASES
- 11 USC § 1501 – Purpose and scope of application
- 11 USC Chapter 15, Subchapter I – GENERAL PROVISIONS
- 11 USC Chapter 15, Subchapter II – ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO THE COURT
- 11 USC § 1509 – Right of direct access
- 11 USC § 1510 – Limited jurisdiction
- 11 USC § 1511 – Commencement of case under section 301, 302, or 303
- 11 USC § 1512 – Participation of a foreign representative in a case under this title
- 11 USC § 1513 – Access of foreign creditors to a case under this title
- 11 USC § 1514 – Notification to foreign creditors concerning a case under this title
- 11 USC Chapter 15, Subchapter III – RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
- 11 USC § 1515 – Application for recognition
- 11 USC § 1516 – Presumptions concerning recognition
- 11 USC § 1517 – Order granting recognition
- 11 USC § 1518 – Subsequent information
- 11 USC § 1519 – Relief that may be granted upon filing petition for recognition
- 11 USC § 1520 – Effects of recognition of a foreign main proceeding
- 11 USC § 1521 – Relief that may be granted upon recognition
- 11 USC § 1522 – Protection of creditors and other interested persons
- 11 USC § 1523 – Actions to avoid acts detrimental to creditors
- 11 USC § 1524 – Intervention by a foreign representative
- 11 USC Chapter 15, Subchapter IV – COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
- 11 USC Chapter 15, Subchapter V – CONCURRENT PROCEEDINGS
- 11 USC § 1528 – Commencement of a case under this title after recognition of a foreign main proceeding
- 11 USC § 1529 – Coordination of a case under this title and a foreign proceeding
- 11 USC § 1530 – Coordination of more than 1 foreign proceeding
- 11 USC § 1531 – Presumption of insolvency based on recognition of a foreign main proceeding
- 11 USC § 1532 – Rule of payment in concurrent proceedings
- 11 USC Chapter 01 – GENERAL PROVISIONS
- News
- Contact Us
- Glossary
- Support Desk
Recent Comments