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.
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.)