Section 321 - Eligibility to Serve as Trustee

Title 11 of the United States Code - Bankruptcy CASE ADMINISTRATION – CHAPTER 3

Eligibility to Serve as Trustee - Section 321

11 USCS § 321

(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 [11 USCS §§ 701 et seq., 1201 et seq., or 1301 et seq.], resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or

   (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 [11 USCS §§ 701 et seq., 1201 et seq., or 1301 et seq.], 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 necessary.

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