FEDERAL · 11 U.S.C. · Chapter SUBCHAPTER II—OFFICERS
Role and capacity of trustee
11 U.S.C. § 323
Title11 — Bankruptcy
ChapterSUBCHAPTER II—OFFICERS
This text of 11 U.S.C. § 323 (Role and capacity of trustee) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
11 U.S.C. § 323.
Text
(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.
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Source Credit
History
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)
Editorial Notes
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.
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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Bluebook (online)
11 U.S.C. § 323, Counsel Stack Legal Research, https://law.counselstack.com/usc/11/323.