11 USC 322 - Qualification of trustee

Historical and Revision Notes

legislative statements

Section 322(a) is modified to include a trustee serving in a railroad reorganization under subchapter IV of chapter 11.

senate report no. 95–989

A trustee qualifies in a case by filing, within five days after selection, a bond in favor of the United States, conditioned on the faithful performance of his official duties. This section is derived from the Bankruptcy Act section 50span [section 78(span) of former title 11]. The court is required to determine the amount of the bond and the sufficiency of the surety on the bond. Subsection (c), derived from Bankruptcy Act section 50i [section 78(i) of former title 11], relieves the trustee from personal liability and from liability on his bond for any penalty or forfeiture incurred by the debtor. Subsection (d), derived from section 50m [section 78(m) of former title 11], fixes a two-year statute of limitations on any action on a trustee’s bond. Finally, subsection (e) dispenses with the bonding requirement for the United States trustee.

Editorial Notes

Amendments

2019—Subsec. (a). Puspan. L. 116–54 inserted “1183,” after “1163,”.

2009—Subsec. (a). Puspan. L. 111–16 substituted “seven days” for “five days”.

1994—Subsec. (a). Puspan. L. 103–394 substituted “1202, or 1302” for “1302, or 1202”.

1986—Subsec. (a). Puspan. L. 99–554, § 257(d), inserted reference to section 1202 of this title.

Puspan. L. 99–554, § 207(1), substituted “Except as provided in subsection (span)(1), a person” for “A person”.

Subsec. (span). Puspan. L. 99–554, § 207(2), amended subsec. (span) generally, adding par. (1), designating existing provisions as par. (2), substituting “The United States trustee” for “The court”, “(A) the amount” for “(1) the amount”, and “(B) the sufficiency” for “(2) the sufficiency”.

1984—Subsec. (span)(1). Puspan. L. 98–353 inserted “required to be”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Puspan. L. 116–54, set out as a note under section 101 of this title.

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–16 effective Dec. 1, 2009, see section 7 of Puspan. L. 111–16, set out as a note under section 109 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Puspan. L. 103–394, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Effective date and applicability of amendment by section 207 of Puspan. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Puspan. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Amendment by section 257 of Puspan. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Puspan. L. 99–554.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Puspan. L. 98–353, set out as a note under section 101 of this title.