Title 11 — Bankruptcy

Chapter 3 — Case Administration

§ 322. Qualification of trustee

Statutory text

Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.

The United States trustee qualifies wherever such trustee serves as trustee in a case under this title.

The United States trustee shall determine—

the amount of a bond required to be filed under subsection (a) of this section; and

the sufficiency of the surety on such bond.

A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor.

A proceeding on a trustee’s bond may not be commenced after two years after the date on which such trustee was discharged.

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.

1978
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 322
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562
1984
Pub. L. 98–353 title III § 429 · 98 Stat. 333
Inserted · 11 U.S.C. § 322(b)(1)
Pub. L. 98–353 inserted “required to be”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–353 inserted “required to be”.
1986
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 257(d) · 100 Stat. 3088
Inserted · 11 U.S.C. § 322(a)
Pub. L. 99–554, § 257(d), inserted reference to section 1202 of this title
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–554, § 257(d), inserted reference to section 1202 of this title.
Enacted provision · exact public law section
(d) Sections 322(a) and 546(a)(1) of title 11, United States Code, are each amended by striking out “or 1302” each place it appears and inserting in lieu thereof “1302, or 1202”.
1986
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 207(1) · 100 Stat. 3088
Substituted · 11 U.S.C. § 322(a)
Pub. L. 99–554, § 207(1), substituted “Except as provided in subsection (b)(1), a person” for “A person”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–554, § 207(1), substituted “Except as provided in subsection (b)(1), a person” for “A person”.
Enacted provision · exact public law section
(1) in subsection (a) by striking out “A person” and inserting in lieu thereof “Except as provided in subsection (b)(1), a person”, and
1986
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 § 207(2) · 100 Stat. 3088
1. Amended · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), amended subsec. (b) generally
2. Added · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), adding par. (1)
3. Amended · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), designating existing provisions as par. (2)
4. Substituted · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), substituting “The United States trustee” for “The court”
5. Substituted · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), substituting “(A) the amount” for “(1) the amount”
6. Substituted · 11 U.S.C. § 322(b)
  Pub. L. 99–554, § 207(2), substituting “(B) the sufficiency” for “(2) the sufficiency”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–554, § 207(2), amended subsec. (b) generally, adding par. (1), designating existing provisions as par. (2), substituting “The United States trustee” for “The court”, “(A) the amount” for “(1) the amount”, and “(B) the sufficiency” for “(2) the sufficiency”.
Enacted provision · exact public law section
(2) by amending subsection (b) to read as follows: “(b) (1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title. “(2) The United States trustee shall determine— “(A) the amount of a bond required to be filed under subsection (a) of this section; and “(B) the sufficiency of the surety on such bond.”.
1994
Bankruptcy Reform Act of 1994
Pub. L. 103–394 title V § 501(d)(3) · 108 Stat. 4106
Substituted · 11 U.S.C. § 322(a)
Pub. L. 103–394 substituted “1202, or 1302” for “1302, or 1202”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–394 substituted “1202, or 1302” for “1302, or 1202”.
Enacted provision · exact public law section
(3) in section 322(a) by striking “1302, or 1202” and inserting “1202, or 1302”,
2009
Statutory Time-Periods Technical Amendments Act of 2009
Pub. L. 111–16 § 2(2) · 123 Stat. 1607
Substituted · 11 U.S.C. § 322(a)
Pub. L. 111–16 substituted “seven days” for “five days”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–16 substituted “seven days” for “five days”.
Enacted provision · exact public law section
(2) in section 322(a), by striking “five days” and inserting “seven days”;
2019
Small Business Reorganization Act of 2019
Pub. L. 116–54 § 4(a)(3) · 133 Stat. 1079
Inserted · 11 U.S.C. § 322(a)
Pub. L. 116–54 inserted “1183,” after “1163,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–54 inserted “1183,” after “1163,”.
Enacted provision · exact public law section
(3) in section 322(a), by inserting “1183,” after “1163,”;
Effective date note
Amendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.

11 of 13 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

legislative statements

Section 322(a) is modified to include a trustee serving in a railroad reorganization under subchapter IV of chapter 11.

senate report no. 95–989

A trustee qualifies in a case by filing, within five days after selection, a bond in favor of the United States, conditioned on the faithful performance of his official duties. This section is derived from the Bankruptcy Act section 50b [section 78(b) of former title 11]. The court is required to determine the amount of the bond and the sufficiency of the surety on the bond. Subsection (c), derived from Bankruptcy Act section 50i [section 78(i) of former title 11], relieves the trustee from personal liability and from liability on his bond for any penalty or forfeiture incurred by the debtor. Subsection (d), derived from section 50m [section 78(m) of former title 11], fixes a two-year statute of limitations on any action on a trustee’s bond. Finally, subsection (e) dispenses with the bonding requirement for the United States trustee.

Editorial Notes

Amendments1984–2019 · 5 rounds

2019

Subsec. (a). Pub. L. 116–54 inserted “1183,” after “1163,”.

2009

Subsec. (a). Pub. L. 111–16 substituted “seven days” for “five days”.

1994

Subsec. (a). Pub. L. 103–394 substituted “1202, or 1302” for “1302, or 1202”.

1986

Subsec. (a). Pub. L. 99–554, § 257(d), inserted reference to section 1202 of this title.

Pub. L. 99–554, § 207(1), substituted “Except as provided in subsection (b)(1), a person” for “A person”.

Subsec. (b). Pub. L. 99–554, § 207(2), amended subsec. (b) generally, adding par. (1), designating existing provisions as par. (2), substituting “The United States trustee” for “The court”, “(A) the amount” for “(1) the amount”, and “(B) the sufficiency” for “(2) the sufficiency”.

1984

Subsec. (b)(1). Pub. L. 98–353 inserted “required to be”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as a note under section 101 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Effective date and applicability of amendment by section 207 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.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Credits

1978–2019 · 6 acts

1978Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562
1984Pub. L. 98–353, title III, § 429, July 10, 1984, 98 Stat. 369
1986Pub. L. 99–554, title II, §§ 207, 257(d), Oct. 27, 1986, 100 Stat. 3098, 3114
1994Pub. L. 103–394, title V, § 501(d)(3), Oct. 22, 1994, 108 Stat. 4143
2009Pub. L. 111–16, § 2(2), May 7, 2009, 123 Stat. 1607
2019Pub. L. 116–54, § 4(a)(3), Aug. 23, 2019, 133 Stat. 1085.

Show as published

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98–353, title III, § 429, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 207, 257(d), Oct. 27, 1986, 100 Stat. 3098, 3114; Pub. L. 103–394, title V, § 501(d)(3), Oct. 22, 1994, 108 Stat. 4143; Pub. L. 111–16, § 2(2), May 7, 2009, 123 Stat. 1607; Pub. L. 116–54, § 4(a)(3), Aug. 23, 2019, 133 Stat. 1085.)