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Title 11 — Bankruptcy

Chapter 3 — Case Administration

§ 325. Effect of vacancy

Statutory text

A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding.

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.

  1. Pub. L. 95–598 · 92 Stat. 2549

    Enacted · 11 U.S.C. § 325

    (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

Section 325, derived from Bankruptcy Act section 46 [section 74 of former title 11] and Bankruptcy Rule 221(b), specifies that a vacancy in the office of trustee during a case does not abate any pending action or proceeding. The successor trustee, when selected and qualified, is substituted as a party in any pending action or proceeding.

Credits

(Pub. L. 95–598, , 92 Stat. 2562.)

Parsed from the official OLRC USLM XML in data/usc_all/usc11.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t11/s325