Browse Arkansas Code titles and sections

11 U.S.C. § 701 — Interim trustee

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

11 U.S.C. § 701 — Interim trustee

Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 701

Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: ee2a0efb16f62635e63a33a4cbfa3505fc779410b0269b0b5ab23a7a4eb07f58. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:usc2024-cca3b2fd672e561965c1d93b
Source file: Laws/federal/codes/united-states-code-2024/title-11/section-701-interim-trustee--d19df732b8.md
Pages: Not recorded – Not recorded
Passage SHA-256: dac3016dfaa36e81a9b4429f49c321a1eb6ea2d5303f4fe40520705c5ff0be22

Source location: USCODE-2024-title11-chap7-subchapI-sec701.pdf

Stored source content

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 Repealed.]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, substituted ‘‘Dismissal of a case or conversion to a case under chapter 11 or 13’’ for ‘‘Dismissal’’ in item 707, and struck out item 728 ‘‘Special tax provisions’’. 2000—Pub. L. 106–554, § 1(a)(5) [title I, § 112(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–396, added subchapter V head- ing and items 781 to 784. 1984—Pub. L. 98–353, title III, § 471, July 10, 1984, 98 Stat. 380, substituted ‘‘Successor’’ for ‘‘Succesor’’ in item 703. SUBCHAPTER I—OFFICERS AND ADMINISTRATION § 701. Interim trustee (a)(1) Promptly after the order for relief under this chapter, the United States trustee shall ap- point one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 or that is serv- ing 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 in- terim 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 to serve as trustee in the case qualifies under sec- tion 322 of this title. (c) An interim trustee serving under this sec- tion is a trustee in a case under this title. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2604; Pub. L. 99–554, title II, § 215, Oct. 27, 1986, 100 Stat. 3100.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS The House amendment deletes section 701(d) of the Senate amendment. It is anticipated that the Rules of Bankruptcy Procedure will require the appointment of an interim trustee at the earliest practical moment in commodity broker bankruptcies, but no later than noon of the day after the date of the filing of the peti- tion, due to the volatility of such cases. SENATE REPORT NO. 95–989 This section requires the court to appoint an interim trustee. The appointment must be made from the panel of private trustees established and maintained by the Director of the Administrative Office under proposed 28 U.S.C. 604(e). Subsection (a) requires the appointment of an in- terim trustee to be made promptly after the order for relief, unless a trustee is already serving in the case, such as before a conversion from a reorganization to a liquidation case. Subsection (b) specifies that the appointment of an interim trustee expires when the permanent trustee is elected or designated under section 702. Subsection (c) makes clear that an interim trustee is a trustee in a case under the bankruptcy code. Subsection (d) provides that in a commodity broker case where speed is essential the interim trustee must be appointed by noon of the business day immediately following the order for relief. Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–554 designated existing provisions as par. (1), substituted ‘‘the United States trustee shall appoint’’ for ‘‘the court shall appoint’’, ‘‘586(a)(1)’’ for ‘‘604(f)’’, ‘‘that is serving’’ for ‘‘that was serving’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district in- volved, 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. § 702. Election of trustee (a) A creditor may vote for a candidate for trustee only if such creditor— (1) holds an allowable, undisputed, fixed, liq- uidated, 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 ad- verse, other than an equity interest that is not substantial in relation to such creditor’s in- terest as a creditor, to the interest of creditors entitled to such distribution; and

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

11 U.S.C. § 701 — Interim trustee

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 701

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.

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

28 U.S.C. § 604 — Duties of Director generally

**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall: (1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts; (2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts; (3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents. (4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section; (5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 604

Stored review status: release_metadata_unconfirmed. The source passage cites 28 U.S.C. § 604. This identifies an authority to review, not proof of applicability.

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

28 U.S.C. § 604 — Duties of Director generally

Page 281 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 604 1 So in original. Comma probably should not appear. REFERENCE TO ASSISTANT DIRECTOR DEEMED REFERENCE TO DEPUTY DIRECTOR References in any other law to Assistant Director of the Administrative Office of the United States Courts deemed to be reference to the Deputy Director of the Administrative Office of the United States Courts, see note set out under section 601 of this title. § 604. Duties of Director generally (a) The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall: (1) Supervise all administrative matters re- lating to the offices of clerks and other cler- ical and administrative personnel of the courts; (2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semi- annually to the chief judges of the circuits, statistical data and reports as to the business of the courts; (3) Submit to the annual meeting of the Ju- dicial Conference of the United States, at least two weeks prior thereto, a report of the activi- ties of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents. (4) Submit to Congress and the Attorney General copies of the report, data and rec- ommendations required by paragraph (a)(3) of this section; (5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical as- sistants, and o

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 604

Stored review status: historical_2024_not_currentness_verified. The source passage cites 28 U.S.C. § 604. This identifies an authority to review, not proof of applicability.