11 U.S.C. § 325
Effect of vacancy
A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding.
Notes of Decisions
Cited in 10
cases, 1988–2008 · leading case: Searles v. Riley (In Re Searles), 317 B.R. 368 (9th Cir. BAP 2004).
Searles v. Riley (In Re Searles), 317 B.R. 368 (9th Cir. BAP 2004). “Rule 2012(b) implements 11 U.S.C. § 325 and is modeled on the public officer automatic substitution provision of Federal Rule of Civil Procedure 25(d)(1), which applies in adversary proceedings and amplifies that: an “order of substitution may be entered at any time, but the…”
White v. Brown (In Re White), 389 B.R. 693 (9th Cir. BAP 2008). “11 U.S.C. § 325 . By rule of procedure, the statutory substitution of the successor trustee is automatic.”
In Re John Paul White, Debtor, John Paul White v. Patricia Ann White, 851 F.2d 170 (6th Cir. 1988). “The appointment of a trustee other than White may be construed as naming a successor to the previous trustee in possession, as governed by 11 U.S.C. § 325 . That statute provides that no pending action shall be affected by naming a successor, but the new trustee shall be…”
Burtch v. Hydraquip, Inc. (In Re Mushroom Transp. Co.), 227 B.R. 244 (Bankr. E.D. Pa. 1998). “See 11 U.S.C. § 325 . As I mentioned earlier, the successor bankruptcy trastee complains that the defendants in this proceeding received from Mr.”
Couture v. Burlington Hous. Auth. (In Re Couture), 225 B.R. 58 (D. Vt. 1998). “§ 525 (a), protect a public housing tenant from eviction when pre-petition rent in arrears is discharged; (iii) the set-aside provisions of Section 325 of the Bankruptcy Code, 11 U.S.C. § 325 , which give the bankruptcy trustee 60 days to assume or reject an unexpired lease, are…”
W.J. Servs., Inc., Wood F. Jones & Mary L. Jones v. Com. State Bank of El Campo, 990 F.2d 233 (5th Cir. 1993). “§ 157 (b)(2); see In re Case, 937 F.2d 1014 (5th Cir.”
Huennekens v. Greene (In re Dove), 199 B.R. 342 (Bankr. E.D. Va. 1996). “See 11 U.S.C. § 325 . Rule 2012 implements section 325 of the Bankruptcy Code.”
In Re Dale R. Brookover Montgomery Farms Jack Giulitto, Debtors. Ira Bodenstein, United States Tr., 352 F.3d 1083 (6th Cir. 2003). “11 U.S.C. § 325 . 4 Where there is no Bankruptcy Code provision or Bankruptcy Rule assigning the duty to accept the prior trustee’s resignation to the court, it is entirely consistent with congressional intent to find that the authority to accept the resignation lies in common…”
Inre: Dale Brookover v. (6th Cir. 2003). “11 U.S.C. § 325 . Finally, although Demczyk is an remedy was the old system which had standing trustees attorney, he is not acting as an attorney in this case, and, appearing before the judges who appointed them.”
W.J. Servs., Inc. v. Com. State Bank of El Campo (5th Cir. 1993). “§ 157 (b)(2); see In re Case, 937 F.2d 1014 (5t h Cir.1991).”
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