11 U.S.C. § 1202

Trustee

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(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 and if such individual qualifies as a trustee under section 322 of this title, then such individual shall serve as trustee in any case filed under this chapter. 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(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this title;(2) perform the duties specified in section 1106(a)(3) and 1106(a)(4) of this title 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(a)(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 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, 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 (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.(Added and amended Pub. L. 99–554, title II, §§ 227, 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3103, 3106, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 219(c), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 57, 185, 186; Pub. L. 111–327, § 2(a)(38), Dec. 22, 2010, 124 Stat. 3561.)Editorial NotesReferences in Text

Sections 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2010—Subsec. (b)(1). Pub. L. 111–327, § 2(a)(38)(A), substituted “704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)” for “704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)”.

Subsec. (b)(5). Pub. L. 111–327, § 2(a)(38)(B), substituted “704(a)(8)” for “704(8)”.

2005—Subsec. (b)(6). Pub. L. 109–8, § 219(c)(1), added par. (6).

Subsec. (c). Pub. L. 109–8, § 219(c)(2), added subsec. (c).

1986—Subsecs. (c), (d). Pub. L. 99–554, § 227, struck out subsecs. (c) and (d) which read as follows:

“(c) If the number of cases under this chapter commenced in a particular judicial district so warrants, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter.

“(d)(1) A court that has appointed an individual under subsection (a) of this section to serve as standing trustee in cases under this chapter shall set for such individual—

“(A) a maximum annual compensation not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and

“(B) a percentage fee not to exceed the sum of—

“(i) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and

“(ii) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000;

based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.

“(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury—

“(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and

“(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds—

“(i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus

“(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases.”

See section 586(b) and (e) of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related SubsidiariesEffective Date of 2005 Amendment

Amendment by section 219(c) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Section effective 30 days after Oct. 27, 1986, and before the amendment by section 227 of Pub. L. 99–554, see section 302(c)(2) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective date and applicability of amendment by section 227 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554.

References in Subsection (a) Temporarily Deemed To Be References to Other Provisions

Until the amendments made by subtitle A (§§ 201 to 231) of title II of Pub. L. 99–554 become effective in a district and apply to a case, in subsec. (a) of this section—

(1) the first two references to the United States trustee are deemed to be references to the court, and

(2) any reference to section 586(b) of Title 28, Judiciary and Judicial Procedure, is deemed to be a reference to subsec. (c) of this section,

see section 302(c)(3)(B), (d), (e) of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of Title 28.

Notes of Decisions

Cited in 56 cases (2 in the last 5 years), 1987–2026 · leading case: Greseth v. Fed. Land Bank (In Re Greseth), 78 B.R. 936 (D. Minnesota 1987).

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Greseth v. Fed. Land Bank (In Re Greseth), 78 B.R. 936 (D. Minnesota 1987). · cites it 2× “See 11 U.S.C. § 1202 . Title 28 U.S.C. § 586 (e)(1)(B) establishes a mechanism for compensating standing trustees under chapter 12.”

In Re Kuhlman, 118 B.R. 731 (Bankr. D.S.D. 1990). · cites it 3× “The trustee’s burden is to ensure that the debtor commences making timely payments under the plan, 11 U.S.C. § 1202 (b)(2), and oppose discharge “if advisable.”

In Re Erickson P'ship, 77 B.R. 738 (Bankr. D.S.D. 1987). · cites it 2× “, 11 U.S.C. § 1202 (d) applies). What this means is that over this “phase-in” period, non-incorporated judicial district judges may set the percentage amount payable by the farmer-debtor to the Chapter 12 Trustee on a case-by-case basis (up to ten percent).”

Matter of Finkbine, 94 B.R. 461 (Bankr. S.D. Ohio 1988). · cites it 2× “(Compare 11 U.S.C. §§ 1202 (b)(4) and 1203 with §§ 1303 and 1304.”

In re Vancleef, 479 B.R. 809 (Bankr. N.D. Ind. 2012). · cites it 2× “Among the specific duties of a Chapter 12 Trustee, 11 U.S.C. § 1202 (b)(3) requires the Trustee *816 to appear and be heard at any hearing that concerns the value of property subject to a lien, or confirmation of a plan.”

In Re Roesner, 153 B.R. 328 (Bankr. D. Kan. 1993). · cites it 3× “11 U.S.C. § 1202 (a). Only the Chapter 12 debtor can file a plan.”

In Re Gross, 121 B.R. 587 (Bankr. D.S.D. 1990). · cites it 4× “May a bankruptcy court place an affirmative duty on a Chapter 12 Trustee to investigate a debtor pursuant to 11 U.S.C. § 1202 (b)(2)? Yes. 2. Does a Chapter 12 Trustee exceed the scope of his statutory duties when he seeks a 2004 examination of debtors, more than 180 days…”

In re Thorpe, 563 B.R. 576 (Bankr. E.D. Pa. 2017). “In chapter 12, the continued existence of a bankruptcy case trustee whose duties include ensuring that the debtor makes the payments required by the confirmed plan and filing a final accounting of the administration of the estate, see 11 U.S.C. § 1202 (b)(1), (4), and the…”

Matter of Pianowski, 92 B.R. 225 (Bankr. W.D. Mich. 1988). “The court also concluded that all direct payments made “under the plan” by the debtor are subject to the trustee’s statutory percentage fee established by 11 U.S. C. § 1202(d)(1)(B) (repealed 1986).”

York v. Bank of Am., N.A. (In Re York), 291 B.R. 806 (Bankr. E.D. Tenn. 2003). “11 U.S.C. §§ 1202 , 1203 & 1204. Chapter 12 tracks Chapter 11 in that it gives the Chapter 12 debtor in possession all the rights, powers, functions, and duties of a trustee subject to some limitations.”

In Re Juan O. Plata, in Re Catalina Plata, Debtors. Peter H. Arkison, Tr. v. Juan O. Plata, Catalina Plata, 958 F.2d 918 (9th Cir. 1992). “at 886 ; 11 U.S.C. §§ 1202 (b)(1), 704(9); Bankruptcy Rule 1019(6).”

Barkley v. West (West), 474 B.R. 191 (Bankr. N.D. Miss. 2012). “No standing had been granted to the Chapter 12 trustee, pursuant to 11 U.S.C. § 1202 (b)(2), to pursue the subject adversary proceeding as of May 14, 2009.”

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— 11 U.S.C. § 1202(d)(1)(B) — 1 case

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