11 U.S.C. § 1302 : US Code - Section 1302: Trustee
Search 11 U.S.C. § 1302 : US Code - Section 1302: Trustee
(a) If the United States trustee appoints an individual under
section 586(b) of title 28 to serve as standing trustee in cases
under this chapter and if such individual qualifies under section
322 of this title, then such individual shall serve as trustee in
the case. 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 a trustee in the case.
(b) The trustee shall -
(1) perform the duties specified in sections 704(2), 704(3),
704(4), 704(5), 704(6), 704(7), and 704(9) of this title;
(2) appear and be heard at any hearing that concerns -
(A) the value of property subject to a lien;
(B) confirmation of a plan; or
(C) modification of the plan after confirmation;
(3) dispose of, under regulations issued by the Director of the
Administrative Office of the United States Courts, moneys
received or to be received in a case under chapter XIII of the
Bankruptcy Act;
(4) advise, other than on legal matters, and assist the debtor
in performance under the plan;
(5) ensure that the debtor commences making timely payments
under section 1326 of this title; and
(6) if with respect to the debtor there is a claim for a
domestic support obligation, provide the applicable notice
specified in subsection (d).
(c) If the debtor is engaged in business, then in addition to the
duties specified in subsection (b) of this section, the trustee
shall perform the duties specified in sections 1106(a)(3) and
1106(a)(4) of this title.
(d)(1) In a case described in subsection (b)(6) to which
subsection (b)(6) applies, the trustee shall -
(A)(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;
(B)(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 1328, 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) or (4) 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 (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.
« Prev
Stay of action against codebtor
Up
Officers, administration, and the estate
Next »
Rights and powers of debtor