Title 11 — Bankruptcy
Chapter 3 — Case Administration
§ 323. Role and capacity of trustee
Statutory text
The trustee in a case under this title is the representative of the estate.
The trustee in a case under this title has capacity to sue and be sued.
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. § 323
(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.)
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
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.
Credits
(Pub. L. 95–598, , 92 Stat. 2562.)