Title 11 — Bankruptcy
Chapter 3 — Case Administration
§ 324. Removal of trustee or examiner
Statutory text
The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause.
Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.
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. § 324
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 208 · 100 Stat. 3088
Amended · 11 U.S.C. § 324
Pub. L. 99–554 amended section generally
Amended · 11 U.S.C. § 324
Pub. L. 99–554 designating existing provisions as subsec. (a)
Substituted · 11 U.S.C. § 324
Pub. L. 99–554 substituting “a trustee, other than the United States trustee, or an examiner” for “a trustee or an examiner”
Added · 11 U.S.C. § 324
Pub. L. 99–554 adding subsec. (b)
Source evidence
Code amendment note
Pub. L. 99–554 amended section generally, designating existing provisions as subsec. (a), substituting “a trustee, other than the United States trustee, or an examiner” for “a trustee or an examiner”, and adding subsec. (b).Enacted provision · exact public law section
SEC. 208. REMOVAL OF TRUSTEE OR EXAMINER. Section 324 of title 11, United States Code, is amended to read as follows: “§ 324. Removal of trustee or examiner “(a) Courts, U.S. The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause. “(b) Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.”.Effective date note
Effective date and applicability of amendment by 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.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
senate report no. 95–989
This section permits the court, after notice and a hearing, to remove a trustee for cause.
Editorial Notes
Amendments
1986—Pub. L. 99–554 amended section generally, designating existing provisions as subsec. (a), substituting “a trustee, other than the United States trustee, or an examiner” for “a trustee or an examiner”, and adding subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective date and applicability of amendment by 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.
Credits
1978–1986 · 2 acts
Show as published
(Pub. L. 95–598, , 92 Stat. 2562; Pub. L. 99–554, title II, § 208, , 100 Stat. 3098.)