CHAPTER 3CASE ADMINISTRATION
Sub Chapter II Officers
Sec. 321. Eligibility to serve as trustee
(a) A person may serve as trustee in a case under this title only if
such person is--
(1) an individual that is competent to perform the duties of
trustee and, in a case under chapter 7, 12, or 13 of this title,
resides or has an office in the judicial district within which the
case is pending, or in any judicial district adjacent to such
(2) a corporation authorized by such corporation's charter or
bylaws to act as trustee, and, in a case under chapter 7, 12, or 13
of this title, having an office in at least one of such districts.
(b) A person that has served as an examiner in the case may not
serve as trustee in the case.
(c) The United States trustee for the judicial district in which the
case is pending is eligible to serve as trustee in the case if
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 98-353, title III,
Sec. 428, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II,
Secs. 206, 257(c), Oct. 27, 1986, 100 Stat. 3098, 3114.)
Historical and Revision Notes
Section 321 indicates that an examiner may not serve as a trustee in
senate report no. 95-989
Section 321 is adapted from current Bankruptcy Act Sec. 45 [section
73 of former title 11] and Bankruptcy Rule 209. Subsection (a) specifies
that an individual may serve as trustee in a bankruptcy case only if he
is competent to perform the duties of trustee and resides or has an
office in the judicial district within which the case is pending, or in
an adjacent judicial district. A corporation must be authorized by its
charter or bylaws to act as trustee, and, for chapter 7 or 13 cases,
must have an office in any of the above mentioned judicial districts.
1986--Subsec. (a). Pub. L. 99-554, Sec. 257(c), inserted reference
to chapter 12 in two places.
Subsec. (c). Pub. L. 99-554, Sec. 206, added subsec. (c).
1984--Subsec. (b). Pub. L. 98-353 substituted ``the case'' for ``a
case'' after ``an examiner in''.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by section 206 of Pub.
L. 99-554 dependent upon the judicial district involved, see section
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 257 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, but not applicable to cases commenced under this title
before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.