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2011 U.S. Code
Title 11 - Bankruptcy
Chapter 3 - CASE ADMINISTRATION (§§ 301 - 366)
Subchapter II - OFFICERS (§§ 321 - 333)
Section 323 - Role and capacity of trustee

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 11 - BANKRUPTCY
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 11 - BANKRUPTCY
CHAPTER 3 - CASE ADMINISTRATION
SUBCHAPTER II - OFFICERS
Sec. 323 - Role and capacity of trustee
Containssection 323
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditPub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562.
Statutes at Large Reference92 Stat. 2562
Public Law ReferencePublic Law 95-598

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11 USC § 323 (2011)
§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.

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