11 U.S.C. § 1106 : US Code - Section 1106: Duties of trustee and examiner

Search 11 U.S.C. § 1106 : US Code - Section 1106: Duties of trustee and examiner

(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;
(2) if the debtor has not done so, file the list, schedule, and
statement required under section 521(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.
(c)(1) In a case described in subsection (a)(8) to which
subsection (a)(8) applies, the trustee shall -
(A)(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;
(B)(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).
(2)(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.