11 U.S.C. § 702 : US Code - Section 702: Election of trustee
Search 11 U.S.C. § 702 : US Code - Section 702: Election of trustee
(a) A creditor may vote for a candidate for trustee only if such
creditor -
(1) holds an allowable, undisputed, fixed, liquidated,
unsecured claim of a kind entitled to distribution under section
726(a)(2), 726(a)(3), 726(a)(4), 752(a), 766(h), or 766(i) of
this title;
(2) does not have an interest materially adverse, other than an
equity interest that is not substantial in relation to such
creditor's interest as a creditor, to the interest of creditors
entitled to such distribution; and
(3) is not an insider.
(b) At the meeting of creditors held under section 341 of this
title, creditors may elect one person to serve as trustee in the
case if election of a trustee is requested by creditors that may
vote under subsection (a) of this section, and that hold at least
20 percent in amount of the claims specified in subsection (a)(1)
of this section that are held by creditors that may vote under
subsection (a) of this section.
(c) A candidate for trustee is elected trustee if -
(1) creditors holding at least 20 percent in amount of the
claims of a kind specified in subsection (a)(1) of this section
that are held by creditors that may vote under subsection (a) of
this section vote; and
(2) such candidate receives the votes of creditors holding a
majority in amount of claims specified in subsection (a)(1) of
this section that are held by creditors that vote for a trustee.
(d) If a trustee is not elected under this section, then the
interim trustee shall serve as trustee in the case.
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