Title 11 — Bankruptcy
Chapter 3 — Case Administration
§ 321. Eligibility to serve as trustee
Statutory text
A person may serve as trustee in a case under this title only if such person is—
an individual that is competent to perform the duties of trustee and, in a case under chapter 7, 12, or 13 of this title, resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or
a corporation authorized by such corporation’s charter or bylaws to act as trustee, and, in a case under chapter 7, 12, or 13 of this title, having an office in at least one of such districts.
A person that has served as an examiner in the case may not serve as trustee in the case.
The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 321
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561Pub. L. 98–353 title III § 428 · 98 Stat. 333
Substituted · 11 U.S.C. § 321(b)
Pub. L. 98–353 substituted “the case” for “a case” after “an examiner in”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–353 substituted “the case” for “a case” after “an examiner in”.Enacted provision · exact public law section
Sec. 428. Section 321(b) of title 11 of the United States Code is amended by striking out “a case” and inserting in lieu thereof “the case”.Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 257(c) · 100 Stat. 3088
Inserted · 11 U.S.C. § 321(a)
Pub. L. 99–554, § 257(c), inserted reference to chapter 12 in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–554, § 257(c), inserted reference to chapter 12 in two places.Enacted provision · exact public law section
(c) Sections 321(a), 329(b)(1)(B), and 1106(a)(5) of title 11, United States Code, are each amended by striking out “or 13” each place it appears and inserting in lieu thereof “, 12, or 13”.Effective date note
Effective date and applicability of amendment by section 206 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 206 · 100 Stat. 3088
Added · 11 U.S.C. § 321(c)
Pub. L. 99–554, § 206, added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–554, § 206, added subsec. (c).Enacted provision · exact public law section
SEC. 206. ELIGIBILITY OF UNITED STATES TRUSTEE TO SERVE AS TRUSTEE. Section 321 of title 11, United States Code, is amended by adding at the end thereof the following: “(c) The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.”.Effective date note
Effective date and applicability of amendment by section 206 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
legislative statements
Section 321 indicates that an examiner may not serve as a trustee in the case.
senate report no. 95–989
Section 321 is adapted from current Bankruptcy Act § 45 [section 73 of former title 11] and Bankruptcy Rule 209. Subsection (a) specifies that an individual may serve as trustee in a bankruptcy case only if he is competent to perform the duties of trustee and resides or has an office in the judicial district within which the case is pending, or in an adjacent judicial district. A corporation must be authorized by its charter or bylaws to act as trustee, and, for chapter 7 or 13 cases, must have an office in any of the above mentioned judicial districts.
Editorial Notes
Amendments1984–1986 · 2 rounds
1986
Subsec. (a). Pub. L. 99–554, § 257(c), inserted reference to chapter 12 in two places.
Subsec. (c). Pub. L. 99–554, § 206, added subsec. (c).
1984
Subsec. (b). Pub. L. 98–353 substituted “the case” for “a case” after “an examiner in”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective date and applicability of amendment by section 206 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
Amendment by section 257 of Pub. L. 99–554 effective 30 days after , but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after , see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
Credits
1978–1986 · 3 acts
- 1978Pub. L. 95–598, , 92 Stat. 2561
- 1984Pub. L. 98–353, title III, § 428, , 98 Stat. 369
- 1986Pub. L. 99–554, title II, §§ 206, 257(c), , 100 Stat. 3098, 3114.
Show as published
(Pub. L. 95–598, , 92 Stat. 2561; Pub. L. 98–353, title III, § 428, , 98 Stat. 369; Pub. L. 99–554, title II, §§ 206, 257(c), , 100 Stat. 3098, 3114.)