2014 US Code
Title 11 - Bankruptcy (Sections 101 - 1532)
Chapter 3 - Case Administration (Sections 301 - 366)
Subchapter II - Officers (Sections 321 - 333)
Sec. 323 - Role and capacity of trustee
| Publication Title | United States Code, 2012 Edition, Supplement 2, 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 | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| 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 and Private Law | 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 NOTESSENATE 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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