§ 1106. Duties of trustee and examiner

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(a)A trustee shall—

(1)perform the duties of the trustee, as specified in paragraphs (2), (5), (7), (8), (9), (10), (11), and

(12)of section 704(a);

(2)if the debtor has not done so, file the list, schedule, and statement required under section 521(a)(1) of this title;

(3)except to the extent that the court orders otherwise, investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;

(4)as soon as practicable—

(A)file a statement of any investigation conducted under paragraph

(3)of this subsection, including any fact ascertained pertaining to fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the management of the affairs of the debtor, or to a cause of action available to the estate; and

(B)transmit a copy or a summary of any such statement to any creditors’ committee or equity security holders’ committee, to any indenture trustee, and to such other entity as the court designates;

(5)as soon as practicable, file a plan under section 1121 of this title, file a report of why the trustee will not file a plan, or recommend conversion of the case to a case under chapter 7, 12, or 13 of this title or dismissal of the case;

(6)for any year for which the debtor has not filed a tax return required by law, furnish, without personal liability, such information as may be required by the governmental unit with which such tax return was to be filed, in light of the condition of the debtor’s books and records and the availability of such information;

(7)after confirmation of a plan, file such reports as are necessary or as the court orders; and

(8)if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).

(b)An examiner appointed under section 1104(d) of this title shall perform the duties specified in paragraphs

(3)and

(4)of subsection

(a)of this section, and, except to the extent that the court orders otherwise, any other duties of the trustee that the court orders the debtor in possession not to perform.

(1)In a case described in subsection (a)(8) to which subsection (a)(8) applies, the trustee shall—

(i)provide written notice to the holder of the claim described in subsection (a)(8) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and

(ii)include in the notice required by clause

(i)the address and telephone number of such State child support enforcement agency;

(i)provide written notice to such State child support enforcement agency of such claim; and

(ii)include in the notice required by clause

(i)the name, address, and telephone number of such holder; and

(C)at such time as the debtor is granted a discharge under section 1141, provide written notice to such holder and to such State child support enforcement agency of—

(i)the granting of the discharge;

(ii)the last recent known address of the debtor;

(iii)the last recent known name and address of the debtor’s employer; and

(iv)the name of each creditor that holds a claim that—

(I)is not discharged under paragraph (2), (4), or

(14A)of section 523(a); or

(II)was reaffirmed by the debtor under section 524(c).

(A)The holder of a claim described in subsection (a)(8) or the State child enforcement support agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B)Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph

(A)shall not be liable by reason of making such disclosure.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §§ 311(b)(1), 502, July 10, 1984, 98 Stat. 355, 384; Pub. L. 99–554, title II, § 257(c), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 103–394, title II, § 211(b), Oct. 22, 1994, 108 Stat. 4125; Pub. L. 109–8, title II, § 219(b), title IV, § 446(c), title XI, § 1105(b), Apr. 20, 2005, 119 Stat. 56, 118, 192; Pub. L. 111–327, § 2(a)(31), Dec. 22, 2010, 124 Stat. 3560.)

Historical and Revision Notes

senate report no. 95–989

Subsection

(a)of this section prescribes the trustee’s duties. He is required to perform the duties of a trustee in a liquidation case specified in section 704 (2), (4), (6), (7), (8), and (9). These include reporting and informational duties, and accountability for all property received. Paragraph

(2)of this subsection requires the trustee to file with the court, if the debtor has not done so, the list of creditors, schedule of assets and liabilities, and statement of affairs required under section 521(1).

Paragraph

(3)of S. 1106 requires the trustee to investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business, and the desirability of the continuance of the business, and any other matter relevant to the case or to the formulation of a plan. Paragraph

(4)requires the trustee to report the results of his investigation to the court and to creditors’ committees, equity security holders’ committees, indenture trustees and any other entity the court designates.

Paragraph

(5)requires the trustee to file a plan or to report why a plan cannot be formulated, or to recommend conversion to liquidation or to an individual repayment plan case, or dismissal. It is anticipated that the trustee will consult with creditors and other parties in interest in the formulation of a plan, just as the debtor in possession would.

Paragraph

(6)[enacted as (7)] requires final reports by the trustee, as the court orders.

Subsection

(b)gives the trustee’s investigative duties to an examiner, if one is appointed. The court is authorized to give the examiner additional duties as the circumstances warrant.

Paragraphs (3), (4), and

(5)of subsection

(a)are derived from sections 165 and 169 of chapter X [sections 565 and 569 of former title 11].

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Cited by 17 sections · top 13

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41 references not yet in our index

Pub. L. 95–598
92 Stat. 2628
Pub. L. 98–353, title III
98 Stat. 355
Pub. L. 99–554, title II, § 257(c)
100 Stat. 3114
Pub. L. 103–394, title II, § 211(b)
108 Stat. 4125
Pub. L. 109–8, title II, § 219(b)
119 Stat. 56
Pub. L. 111–327, § 2(a)(31)
124 Stat. 3560
Pub. L. 111–327, § 2(a)(31)(A)
Pub. L. 111–327, § 2(a)(31)(B)
Pub. L. 109–8, § 1105(b)
Pub. L. 109–8, § 446(c)
Pub. L. 109–8, § 219(b)(1)
Pub. L. 109–8, § 219(b)(2)
Pub. L. 103–394
Pub. L. 99–554
Pub. L. 98–353, § 311(b)(1)
Pub. L. 98–353, § 502
Pub. L. 109–8
section 1501 of Pub. L. 109–8
section 702 of Pub. L. 103–394
Pub. L. 98–353
section 552(a) of Pub. L. 98–353
Pub. L. 99–500, § 101(b) [title VI, § 608]
100 Stat. 1783–39
Pub. L. 99–591, § 101(b) [title VI, § 608]
100 Stat. 3341–39
Pub. L. 100–41
101 Stat. 309
Pub. L. 100–99
101 Stat. 716
Pub. L. 100–334, § 3(a)
102 Stat. 613
Pub. L. 99–656, § 2
100 Stat. 3668
Pub. L. 100–334, § 3(b)

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§ 1106

Duties of trustee and examiner

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U.S.C.×6

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Pub. L.Pub. L. 95–598

Stat.92 Stat. 2628

Pub. L.Pub. L. 98–353, title III

Stat.98 Stat. 355

Pub. L.Pub. L. 99–554, title II, § 257(c)

Cites 46 · showing 10Cited by 17 across 4 sources