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11 U.S.C. § 324 — Removal of trustee or examiner

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

11 U.S.C. § 324 — Removal of trustee or examiner

**(a)** 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.

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Stable record: federal_law:legal_authorities:record_usc_3a2852ab2d01d5e08f87cda7
Source file: Laws/federal/codes/united-states-code/title-11/section-324-removal-of-trustee-or-examiner--8f63436504.md
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Source location: Title 11, Chapter 3, § 324; chapter-003-case-administration.md

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**(a)** 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.

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

28 U.S.C. § 581 — United States trustees

**(a)** The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. (2) The judicial districts established for the States of Connecticut, New York, and Vermont. (3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. (4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. (5) The judicial districts established for the States of Louisiana and Mississippi. (6) The Northern District of Texas and the Eastern District of Texas. (7) The Southern District of Texas and the Western District of Texas. (8) The judicial districts established for the States of Kentucky and Tennessee. (9) The judicial districts established for the States of Michigan and Ohio. (10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. (11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. (12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. (13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. (14) The District of Arizona. (15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. (16) The Central District of California. (17) The Eastern District of California and the Northern District of Cal

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 581

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

11 U.S.C. § 1104 — Appointment of trustee or examiner

**(a)** At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee— (1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or (2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor. **(b)** (1) Except as provided in [section 1163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1163&num=0&edition=prelim), on the request of a party in interest made not later than 30 days after the court orders the appointment of a trustee under subsection (a), the United States trustee shall convene a meeting of creditors for the purpose of electing one disinterested person to serve as trustee in the case. The election of a trustee shall be conducted in the manner provided in subsections (a), (b), and (c) of [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section702&num=0&edition=prelim). (2) (A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election. (B) Upon the filing of a report under subparagraph (A)— (i) the trustee elected under paragraph (1) shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1104

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

11 U.S.C. § 703 — Successor trustee

**(a)** If a trustee dies or resigns during a case, fails to qualify under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim), or is removed under [section 324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section324&num=0&edition=prelim), creditors may elect, in the manner specified in [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section702&num=0&edition=prelim), a person to fill the vacancy in the office of trustee. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section350&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section586/a/1&num=0&edition=prelim) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 703

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

11 U.S.C. § 324 — Removal of trustee or examiner

Page 53 TITLE 11—BANKRUPTCY § 324 (2) The United States trustee shall deter- mine— (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. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98–353, title III, § 429, July 10, 1984, 98 Stat. 369; Pub. L. 99–554, title II, §§ 207, 257(d), Oct. 27, 1986, 100 Stat. 3098, 3114; Pub. L. 103–394, title V, § 501(d)(3), Oct. 22, 1994, 108 Stat. 4143; Pub. L. 111–16, § 2(2), May 7, 2009, 123 Stat. 1607; Pub. L. 116–54, § 4(a)(3), Aug. 23, 2019, 133 Stat. 1085.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 322(a) is modified to include a trustee serving in a railroad reorganization under subchapter IV of chapter 11. SENATE REPORT NO. 95–989 A trustee qualifies in a case by filing, within five days after selection, a bond in favor of the United States, conditioned on the faithful performance of his official duties. This section is derived from the Bank- ruptcy Act section 50b [section 78(b) of former title 11]. The court is required to determine the amount of the bond and the sufficiency of the surety on the bond. Subsection (c), derived from Bankruptcy Act section 50i [section 78(i) of former title 11], relieves the trustee from personal liability and from liability on his bond for any penalty or forfeiture incurred by the debtor. Subsection (d), derived from section 50m [section 78(m) of former title 11], fixes a two-year statute

Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 324

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