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11 U.S.C. § 1183 — Trustee

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1183 — Trustee

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Source file: Laws/federal/codes/united-states-code/title-11/section-1183-trustee--eb819d6e69.md
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Source location: Title 11, Chapter 11, § 1183; chapter-011-reorganization.md

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**(a) In General.—** If the United States trustee has appointed an individual under [section 586(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section586/b&num=0&edition=prelim) to serve as standing trustee in cases under this subchapter, and if such individual qualifies as a trustee under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim), then that individual shall serve as trustee in any case under this subchapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary. **(b) Duties.—** The trustee shall— (1) perform the duties specified in paragraphs (2), (5), (6), (7), and (9) of [section 704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section704/a&num=0&edition=prelim); (2) perform the duties specified in paragraphs (3), (4), and (7) of [section 1106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1106/a&num=0&edition=prelim), if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders; (3) appear and be heard at the status conference under [section 1188 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1188&num=0&edition=prelim) and any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan filed under this subchapter; (C) modification of the plan after confirmation; or (D) the sale of property of the estate; (4) ensure that the debtor commences making timely payments required by a plan confirmed under this subchapter; (5) if the debtor ceases to be a debtor in possession— (A) perform the duties specified in section 704(a)(8) and paragraphs (1), (2), and (6) of [section 1106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1106/a&num=0&edition=prelim); and (B) be authorized to operate the business of the debtor; (6) if there is a claim for a domestic support obligation with respect to the debtor, perform the duties specified in [section 704(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section704/c&num=0&edition=prelim); and (7) facilitate the development of a consensual plan of reorganization. **(c) Termination of Trustee Service.—** (1) **In general.—** — If the plan of the debtor is confirmed under [section 1191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1191/a&num=0&edition=prelim), the service of the trustee in the case shall terminate when the plan has been substantially consummated, except that the United States trustee may reappoint a trustee as needed for performance of duties under subsection (b)(3)(C) of this section and [section 1185(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1185/a&num=0&edition=prelim). (2) **Service of notice of substantial consummation.—** — Not later than 14 days after the plan of the debtor is substantially consummated, the debtor shall file with the court and serve on the trustee, the United States trustee, and all parties in interest notice of such substantial consummation.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1188 — Status conference

**(a) In General.—** Except as provided in subsection (b), not later than 60 days after the entry of the order for relief under this chapter, the court shall hold a status conference to further the expeditious and economical resolution of a case under this subchapter. **(b) Exception.—** The court may extend the period of time for holding a status conference under subsection (a) if the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable. **(c) Report.—** Not later than 14 days before the date of the status conference under subsection (a), the debtor shall file with the court and serve on the trustee and all parties in interest a report that details the efforts the debtor has undertaken and will undertake to attain a consensual plan of reorganization.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 322 — Qualification of trustee

**(a)** Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties. **(b)** (1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title. (2) The United States trustee shall determine— (A) the amount of a bond required to be filed under subsection (a) of this section; and (B) the sufficiency of the surety on such bond. **(c)** A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor. **(d)** A proceeding on a trustee’s bond may not be commenced after two years after the date on which such trustee was discharged.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1183 — Trustee

Page 289 TITLE 11—BANKRUPTCY § 1183 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Aug. 23, 2019, see sec- tion 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title. § 1182. Definitions In this subchapter: (1) DEBTOR.—The term ‘‘debtor’’ means a small business debtor. (2) DEBTOR IN POSSESSION.—The term ‘‘debtor in possession’’ means the debtor, unless re- moved as debtor in possession under section 1185(a) of this title. (Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1079; amended Pub. L. 116–136, div. A, title I, § 1113(a)(1), (5), Mar. 27, 2020, 134 Stat. 310, 311; Pub. L. 117–151, § 2(d), (i)(1)(B), June 21, 2022, 136 Stat. 1298, 1300.) Editorial Notes AMENDMENTS 2022—Par. (1). Pub. L. 117–151, § 2(i)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) con- sisted of subpars. (A) and (B) defining ‘‘debtor’’. Pub. L. 117–151, § 2(d), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The term ‘debtor’ means a small business debtor.’’ 2020—Par. (1). Pub. L. 116–136, § 1113(a)(5), amended par. (1) generally. Prior to amendment, par. (1) con- sisted of subpars. (A) and (B) defining ‘‘debtor’’. Pub. L. 116–136, § 1113(a)(1), temporarily amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The term ‘debtor’ means a small business debtor.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 2(d) of Pub. L. 117–151 applica- ble with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see s

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