Section 1202 - Trustee

Title 11 of the United States Code - Bankruptcy ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME – CHAPTER 12


Trustee – Section 1202
11 USCS § 1202



(a) If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter [11 USCS §§ 1201 et seq.] and if such individual qualifies as a trustee under section 322 of this title [11 USCS § 322], then such individual shall serve as trustee in any case filed under this chapter [11 USCS §§ 1201 et seq.]. 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 trustee in the case if necessary.
 
(b) The trustee shall--
   (1) perform the duties specified in sections 704(2), 704(3), 704(5), 704(6), 704(7), and 704(9) of this title [11 USCS §§ 704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9)];
   (2) perform the duties specified in section 1106(a)(3) and 1106(a)(4) of this title [11 USCS § 1106(a)(3) and 1106(a)(4)] if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;
   (3) appear and be heard at any hearing that concerns--
      (A) the value of property subject to a lien;
      (B) confirmation of a plan;
      (C) modification of the plan after confirmation; or
      (D) the sale of property of the estate;
   (4) ensure that the debtor commences making timely payments required by a confirmed plan;
   (5) if the debtor ceases to be a debtor in possession, perform the duties specified in sections 704(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203 [11 USCS §§ 704(8), 1106(a)(1), 1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203]; and
   (6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).
 
(c) (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 [42 USCS §§ 664 and 666] 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 1228 [11 USCS § 1228], 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) [11 USCS § 523(a)]; or
            (II) was reaffirmed by the debtor under section 524(c) [11 USCS § 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.

 
(b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.
 
(c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that--
   (1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor;
   (2) the plan filed by the debtor proposes not to pay such claim; or
   (3) such creditor's interest would be irreparably harmed by continuation of such stay.
 
(d) Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.

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