11 U.S.C. § 704 : US Code - Section 704: Duties of trustee

Search 11 U.S.C. § 704 : US Code - Section 704: Duties of trustee

(a) The trustee shall -
(1) collect and reduce to money the property of the estate for
which such trustee serves, and close such estate as expeditiously
as is compatible with the best interests of parties in interest;
(2) be accountable for all property received;
(3) ensure that the debtor shall perform his intention as
specified in section 521(2)(B) of this title;
(4) investigate the financial affairs of the debtor;
(5) if a purpose would be served, examine proofs of claims and
object to the allowance of any claim that is improper;
(6) if advisable, oppose the discharge of the debtor;
(7) unless the court orders otherwise, furnish such information
concerning the estate and the estate's administration as is
requested by a party in interest;
(8) if the business of the debtor is authorized to be operated,
file with the court, with the United States trustee, and with any
governmental unit charged with responsibility for collection or
determination of any tax arising out of such operation, periodic
reports and summaries of the operation of such business,
including a statement of receipts and disbursements, and such
other information as the United States trustee or the court
requires;
(9) make a final report and file a final account of the
administration of the estate with the court and with the United
States trustee;
(10) if with respect to the debtor there is a claim for a
domestic support obligation, provide the applicable notice
specified in subsection (c);
(11) if, at the time of the commencement of the case, the
debtor (or any entity designated by the debtor) served as the
administrator (as defined in section 3 of the Employee Retirement
Income Security Act of 1974) of an employee benefit plan,
continue to perform the obligations required of the
administrator; and
(12) use all reasonable and best efforts to transfer patients
from a health care business that is in the process of being
closed to an appropriate health care business that -
(A) is in the vicinity of the health care business that is
closing;
(B) provides the patient with services that are substantially
similar to those provided by the health care business that is
in the process of being closed; and
(C) maintains a reasonable quality of care.
(b)(1) With respect to a debtor who is an individual in a case
under this chapter -
(A) the United States trustee (or the bankruptcy administrator,
if any) shall review all materials filed by the debtor and, not
later than 10 days after the date of the first meeting of
creditors, file with the court a statement as to whether the
debtor's case would be presumed to be an abuse under section
707(b); and
(B) not later than 5 days after receiving a statement under
subparagraph (A), the court shall provide a copy of the statement
to all creditors.
(2) The United States trustee (or bankruptcy administrator, if
any) shall, not later than 30 days after the date of filing a
statement under paragraph (1), either file a motion to dismiss or
convert under section 707(b) or file a statement setting forth the
reasons the United States trustee (or the bankruptcy administrator,
if any) does not consider such a motion to be appropriate, if the
United States trustee (or the bankruptcy administrator, if any)
determines that the debtor's case should be presumed to be an abuse
under section 707(b) and the product of the debtor's current
monthly income, multiplied by 12 is not less than -
(A) in the case of a debtor in a household of 1 person, the
median family income of the applicable State for 1 earner; or
(B) in the case of a debtor in a household of 2 or more
individuals, the highest median family income of the applicable
State for a family of the same number or fewer individuals.
(c)(1) In a case described in subsection (a)(10) to which
subsection (a)(10) applies, the trustee shall -
(A)(i) provide written notice to the holder of the claim
described in subsection (a)(10) 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;
(ii) include in the notice provided under clause (i) the
address and telephone number of such State child support
enforcement agency; and
(iii) include in the notice provided under clause (i) an
explanation of the rights of such holder to payment of such claim
under this chapter;
(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 727, 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)(10) 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 such disclosure.