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11 U.S.C. § 701 — Interim trustee
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Promptly after the order for relief under this chapter, the United States trustee 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) or that is serving as trustee in the case immediately before the order for relief under this chapter to serve as interim trustee in the case.
(2) If none of the members of such panel is willing to serve as interim trustee in the case, then the United States trustee may serve as interim trustee in the case.
**(b)** The service of an interim trustee under this section terminates when a trustee elected or designated under [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section702&num=0&edition=prelim) to serve as trustee in the case qualifies under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim).
**(c)** An interim trustee serving under this section is a trustee in a case under this title.
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Stable record: federal_law:legal_authorities:record_usc_cdb4ef713a5c803e986781e8
Source file: Laws/federal/codes/united-states-code/title-11/section-701-interim-trustee--9f2030f867.md
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Source location: Title 11, Chapter 7, § 701; chapter-007-liquidation.md
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**(a)**
(1) Promptly after the order for relief under this chapter, the United States trustee 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) or that is serving as trustee in the case immediately before the order for relief under this chapter to serve as interim trustee in the case.
(2) If none of the members of such panel is willing to serve as interim trustee in the case, then the United States trustee may serve as interim trustee in the case.
**(b)** The service of an interim trustee under this section terminates when a trustee elected or designated under [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section702&num=0&edition=prelim) to serve as trustee in the case qualifies under [section 322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section322&num=0&edition=prelim).
**(c)** An interim trustee serving under this section is a trustee in a case under this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** A creditor may vote for a candidate for trustee only if such creditor—
(1) holds an allowable, undisputed, fixed, liquidated, unsecured claim of a kind entitled to distribution under section 726(a)(2), 726(a)(3), 726(a)(4), 752(a), 766(h), or 766(i) of this title;
(2) does not have an interest materially adverse, other than an equity interest that is not substantial in relation to such creditor’s interest as a creditor, to the interest of creditors entitled to such distribution; and
(3) is not an insider.
**(b)** At the meeting of creditors held under [section 341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section341&num=0&edition=prelim), creditors may elect one person to serve as trustee in the case if election of a trustee is requested by creditors that may vote under subsection (a) of this section, and that hold at least 20 percent in amount of the claims specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section.
**(c)** A candidate for trustee is elected trustee if—
(1) creditors holding at least 20 percent in amount of the claims of a kind specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section vote; and
(2) such candidate receives the votes of creditors holding a majority in amount of claims specified in subsection (a)(1) of this section that are held by creditors that vote for a trustee.
**(d)** If a trustee is not elected under this section, then the interim trustee shall serve as trustee in the case.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 702
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 322
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced.
**(b)** An involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title—
(1) by three or more entities, each of which is either a holder of a claim against such person that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount, or an indenture trustee representing such a holder, if such noncontingent, undisputed claims aggregate at least $10,000 11 See Adjustment of Dollar Amounts notes below. more than the value of any lien on property of the debtor securing such claims held by the holders of such claims;
(2) if there are fewer than 12 such holders, excluding any employee or insider of such person and any transferee of a transfer that is voidable under section 544, 545, 547, 548, 549, or 724(a) of this title, by one or more of such holders that hold in the aggregate at least $10,000 1 of such claims;
(3) if such person is a partnership—
(A) by fewer than all of the general partners in such partnership; or
(B) if relief has been ordered under this title with respect to all of the general partners in such partnership, by a general partner in such partnership, the trustee of such a general partner, or a holder of a claim against such partnership; or
(4) by a foreign representative of the estate in a foreign proceeding concerning such person.
**(c)** After the filing of a petition under this section but before the case is dismissed or relief is ordere
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 303
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to [section 156(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section156/b&num=0&edition=prelim), the following filing fees:
(1) For a case commenced under—
(A) chapter 7 of title 11, $245, and
(B) chapter 13 of title 11, $235.
(2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under [section 1931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1931&num=0&edition=prelim).
(3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in [section 101 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim), $1,167.
(4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000.
(5) For a case commenced under chapter 12 of title 11, $200.
(6)
(A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1930
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Federal law — U.S. Code and appendices · legal_authorities
Page 190
TITLE 11—BANKRUPTCY
§ 701
Sec.
724.
Treatment of certain liens.
725.
Disposition of certain property.
726.
Distribution of property of the estate.
727.
Discharge.
[728.
Repealed.]
SUBCHAPTER III—STOCKBROKER LIQUIDATION
741.
Definitions for this subchapter.
742.
Effect of section 362 of this title in this sub-
chapter.
743.
Notice.
744.
Executory contracts.
745.
Treatment of accounts.
746.
Extent of customer claims.
747.
Subordination of certain customer claims.
748.
Reduction of securities to money.
749.
Voidable transfers.
750.
Distribution of securities.
751.
Customer name securities.
752.
Customer property.
753.
Stockbroker liquidation and forward contract
merchants,
commodity
brokers,
stock-
brokers, financial institutions, financial
participants, securities clearing agencies,
swap participants, repo participants, and
master netting agreement participants.
SUBCHAPTER IV—COMMODITY BROKER
LIQUIDATION
761.
Definitions for this subchapter.
762.
Notice to the Commission and right to be
heard.
763.
Treatment of accounts.
764.
Voidable transfers.
765.
Customer instructions.
766.
Treatment of customer property.
767.
Commodity broker liquidation and forward
contract merchants, commodity brokers,
stockbrokers, financial institutions, finan-
cial participants, securities clearing agen-
cies, swap participants, repo participants,
and master netting agreement participants.
SUBCHAPTER V—CLEARING BANK LIQUIDATION
781.
Definitions.
782.
Selection of trustee.
783.
Additional powers of trustee.
784.
Right to be heard.
Editorial Notes
AMENDMENTS
2005—Pub. L. 109–8, title I, § 102(k), title VII,
§ 719(b)(2), title IX, § 907(p)(2), Apr. 20, 2005, 119 Stat. 35,
133, 182, added items 753 and 767, substit
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 701
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