§ 1202. Trustee

1,522 words·~7 min read·/usc/title-11/section-1202

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(a)If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies as a trustee under section 322 of this title, then such individual shall serve as trustee in any case filed under this chapter. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case if necessary.

(b)The trustee shall—

(1)perform the duties specified in sections 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title;

(2)perform the duties specified in section 1106(a)(3) and 1106(a)(4) of this title if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;

(3)appear and be heard at any hearing that concerns—

(A)the value of property subject to a lien;

(B)confirmation of a plan;

(C)modification of the plan after confirmation; or

(D)the sale of property of the estate;

(4)ensure that the debtor commences making timely payments required by a confirmed plan;

(5)if the debtor ceases to be a debtor in possession, perform the duties specified in sections 704(a)(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203; and

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

(1)In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall—

(i)provide written notice to the holder of the claim described in subsection (b)(6) 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 provided under 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 provided under 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 1228, 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 (b)(6) or the State child support enforcement 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 that disclosure.

(Added and amended Pub. L. 99–554, title II, §§ 227, 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3103, 3106, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133;

Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 219(c), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 57, 185, 186; Pub. L. 111–327, § 2(a)(38), Dec. 22, 2010, 124 Stat. 3561.)

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