2012 US Code
Title 11 - Bankruptcy
Chapter 3 - CASE ADMINISTRATION (§§ 301 - 366)
Subchapter II - OFFICERS (§§ 321 - 333)
Section 323 - Role and capacity of trustee
| Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY CHAPTER 3 - CASE ADMINISTRATION SUBCHAPTER II - OFFICERS Sec. 323 - Role and capacity of trustee |
| Contains | section 323 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562. |
| Statutes at Large Reference | 92 Stat. 2562 |
| Public Law Reference | Public Law 95-598 |
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(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. 95–989Subsection (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.
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