11 U.S.C. · Bankruptcy
11 U.S.C. § 323

Role and capacity of trustee

Ch. 3 — CASE ADMINISTRATION
Title 11 U.S.C. ● ACTIVE Primary Source Ch. 3
Statutory Text

11 U.S.C. § 323 — Role and capacity of trustee

U.S.C. Title 11 - BANKRUPTCY 11 U.S.C. United States Code, 2023 Edition Title 11 - BANKRUPTCY CHAPTER 3 - CASE ADMINISTRATION SUBCHAPTER II - OFFICERS Sec. 323 - Role and capacity of trustee From the U.S. Government Publishing Office, www.gpo.gov

§323. Role and capacity of trustee

(a) The trustee in a case under this title is the representative of the estate. (b) The trustee in a case under this title has capacity to sue and be sued.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)

Historical and Revision Notes senate report no. 95–989 Subsection (a) of this section makes the trustee the representative of the estate. Subsection (b) grants the trustee the capacity to sue and to be sued. If the debtor remains in possession in a chapter 11 case, section 1107 gives the debtor in possession these rights of the trustee: the debtor in possession becomes the representative of the estate, and may sue and be sued. The same applies in a chapter 13 case.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 11 U.S.C. § 323 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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