§ 703. Successor trustee

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. 1978

   Pub. L. 95–598 · 92 Stat. 2549

   Enacted · 11 U.S.C. § 703

   Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605

   Source evidence

   Code source credit
   Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605

2. 1984

   Pub. L. 98–353 title III § 473 · 98 Stat. 333

   Substituted · 11 U.S.C. § 703(b)

   Pub. L. 98–353 substituted “and subject to the provisions of section 701 of this title” for “specified in section 701(a) of this title. Sections 701(b) and 701(c) of this title apply to such interim trustee”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–353 substituted “and subject to the provisions of section 701 of this title” for “specified in section 701(a) of this title. Sections 701(b) and 701(c) of this title apply to such interim trustee”.

   Enacted provision · exact public law section
   Sec. 473. Section 703(b) of title 11 of the United States Code is amended by striking out “specified in section 701(a) of this title. Sections 701(b) and 701(c) of this title apply to such interim trustee” and inserting in lieu thereof “and subject to the provisions of section 701 of this title”.

3. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title II § 216 · 100 Stat. 3088

   1. Amended · 11 U.S.C. § 703(b)

      Pub. L. 99–554 amended subsec. (b) generally

   2. Substituted · 11 U.S.C. § 703(b)

      Pub. L. 99–554 substituting “the United States trustee may appoint” for “the court may appoint”

   3. Substituted · 11 U.S.C. § 703(b)

      Pub. L. 99–554 substituting “manner specified in section 701(a)” for “manner and subject to the provisions of section 701 of this title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–554 amended subsec. (b) generally, substituting “the United States trustee may appoint” for “the court may appoint” and “manner specified in section 701(a)” for “manner and subject to the provisions of section 701 of this title”.

   Enacted provision · exact public law section
   SEC. 216. SUCCESSOR TRUSTEE. Subsections (b) and (c) of section 703 of title 11, United States Code, are amended to read as follows: “(b) Pending election of a trustee under subsection (a) of this section, if necessary to preserve or prevent loss to the estate, the United States trustee may appoint an interim trustee in the manner specified in section 701(a). “(c) If creditors do not elect a successor trustee under subsection (a) of this section or if a trustee is needed in a case reopened under section 350 of this title, then the United States trustee— “(1) shall appoint one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 to serve as trustee in the case; or “(2) may, if none of the disinterested members of such panel is willing to serve as trustee, serve as trustee in the case.

   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. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title II § 216 · 100 Stat. 3088

   1. Amended · 11 U.S.C. § 703(c)

      Pub. L. 99–554 amended subsec. (c) generally

   2. Substituted · 11 U.S.C. § 703(c)

      Pub. L. 99–554 substituting “this section or” for “this section, or”

   3. Substituted · 11 U.S.C. § 703(c)

      Pub. L. 99–554 substituting “then the United States trustee” for “then the court”

   4. Amended · 11 U.S.C. § 703(c)

      Pub. L. 99–554 designating part of existing provisions as par. (1), and, as so designated

   5. Substituted · 11 U.S.C. § 703(c)

      Pub. L. 99–554 substituting “586(a)(1)” for “604(f)”

   6. Substituted · 11 U.S.C. § 703(c)

      Pub. L. 99–554 substituting “in the case; or” for “in the case.”

   7. Added · 11 U.S.C. § 703(c)

      Pub. L. 99–554 adding par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–554 amended subsec. (c) generally, substituting “this section or” for “this section, or”, “then the United States trustee” for “then the court”, designating part of existing provisions as par. (1), and, as so designated, substituting “586(a)(1)” for “604(f)”, “in the case; or” for “in the case.”, and adding par. (2).

   Enacted provision · exact public law section
   SEC. 216. SUCCESSOR TRUSTEE. Subsections (b) and (c) of section 703 of title 11, United States Code, are amended to read as follows: “(b) Pending election of a trustee under subsection (a) of this section, if necessary to preserve or prevent loss to the estate, the United States trustee may appoint an interim trustee in the manner specified in section 701(a). “(c) If creditors do not elect a successor trustee under subsection (a) of this section or if a trustee is needed in a case reopened under section 350 of this title, then the United States trustee— “(1) shall appoint one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 to serve as trustee in the case; or “(2) may, if none of the disinterested members of such panel is willing to serve as trustee, serve as trustee in the case.

   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.

11 of 12 references resolved to an enrolled provision · 1 partial