11 U.S.C. § 701

Interim trustee

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(a)(1) Promptly after the order for relief under this chapter, the United States trustee shall appoint one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 or that is serving as trustee in the case immediately before the order for relief under this chapter to serve as interim trustee in the case.(2) If none of the members of such panel is willing to serve as interim trustee in the case, then the United States trustee may serve as interim trustee in the case.(b) The service of an interim trustee under this section terminates when a trustee elected or designated under section 702 of this title to serve as trustee in the case qualifies under section 322 of this title.(c) An interim trustee serving under this section is a trustee in a case under this title.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2604; Pub. L. 99–554, title II, § 215, Oct. 27, 1986, 100 Stat. 3100.)Historical and Revision Noteslegislative statements

The House amendment deletes section 701(d) of the Senate amendment. It is anticipated that the Rules of Bankruptcy Procedure will require the appointment of an interim trustee at the earliest practical moment in commodity broker bankruptcies, but no later than noon of the day after the date of the filing of the petition, due to the volatility of such cases.

senate report no. 95–989

This section requires the court to appoint an interim trustee. The appointment must be made from the panel of private trustees established and maintained by the Director of the Administrative Office under proposed 28 U.S.C. 604(e).

Subsection (a) requires the appointment of an interim trustee to be made promptly after the order for relief, unless a trustee is already serving in the case, such as before a conversion from a reorganization to a liquidation case.

Subsection (b) specifies that the appointment of an interim trustee expires when the permanent trustee is elected or designated under section 702.

Subsection (c) makes clear that an interim trustee is a trustee in a case under the bankruptcy code.

Subsection (d) provides that in a commodity broker case where speed is essential the interim trustee must be appointed by noon of the business day immediately following the order for relief.

Editorial NotesAmendments

1986—Subsec. (a). Pub. L. 99–554 designated existing provisions as par. (1), substituted “the United States trustee shall appoint” for “the court shall appoint”, “586(a)(1)” for “604(f)”, “that is serving” for “that was serving”, and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Effective date and applicability of amendment by 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.

Notes of Decisions

Cited in 1,345 cases (62 in the last 5 years), 1939–2026 · leading case: Lamie v. United States Tr., 540 U.S. 526 (2004).

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Lamie v. United States Tr., 540 U.S. 526 (2004). · cites it 2× “The court granted the Government's motion and appointed an estate trustee pursuant to § 701, 11 U. S. C. § 701 (a). This terminated ESI's status as debtor-in-possession and so terminated petitioner's service under § 327 as an attorney for the debtor-in-possession.”

Toibb v. Radloff, 501 U.S. 157 (1991). · cites it 4× “On November 18, 1986, petitioner filed in the United States Bankruptcy Court for the Eastern District of Missouri a voluntary petition for relief under Chapter 7 of the Code, 11 U. S. C. § 701 et seq. The Schedule of Assets and Liabilities accompanying petitioner's filing…”

Dewsnup v. Timm, 502 U.S. 410 (1992). · cites it 2× “In June 1984, petitioner filed a petition seeking liquidation under Chapter 7 of the Code, 11 U. S. C. § 701 et seq. Because of the pendency of these bankruptcy proceedings, respondents were not able to proceed to the foreclosure sale.”

Kelly v. Robinson, 479 U.S. 36 (1986). · cites it 2× “[2] On February 5, 1981, Robinson filed a voluntary petition under Chapter 7 of the Bankruptcy Code, 11 U. S. C. § 701 et seq., in the United States Bankruptcy Court for the District of Connecticut.”

Tidewater Fin. Co. v. Williams, 498 F.3d 249 (4th Cir. 2007). · cites it 4× “11 U.S.C.A. § 701 et seq. (West 2007); see 6 Collier on Bankruptcy ¶ 700.”

In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum Trust, 177 F.3d 774 (9th Cir. 1999). · cites it 3× “Analysis Duckor argues that 11 U.S.C. § 701 (a)(1) prohibits the bankruptcy court from authorizing the trustees to transfer to Baum the right to sue various individuals and to avoid various transactions.”

Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967). · cites it 2× “905 , 11 U. S. C. § 701 et seq., shortly after execution of the consulting agreement.”

In Re VistaCare Grp., LLC, 678 F.3d 218 (3rd Cir. 2012). · cites it 2× “11 U.S.C. § 701 (a)(1). 9 CGL argues that because the Barton doctrine specifically requires leave of the appointing court, and there is no appointing court under the modern bankruptcy system, Barton is no longer valid.”

Dilieto v. Cnty. Obstetrics & Gynecology Grp., P.C., 998 A.2d 730 (Conn. 2010). · cites it 2× “See 11 U.S.C. § 701 et seq. (1994). On July 9, 1996, they received a letter from that court informing them that all of their scheduled debts had been discharged.”

Klimowicz v. Deutsche Bank Nat'l Trust Co., 907 F.3d 61 (1st Cir. 2018). “See 11 U.S.C. §§ 701 - 784. As part of that proceeding, she challenged the validity of the New Century mortgage.”

Cent. Trust Co. v. Off. Creditors' Comm. of Geiger Enter., Inc., 454 U.S. 354 (1982). · cites it 2× “(Geiger), filed a petition in the United States District Court for the Western District of New York seeking relief under Chapter XI of the Bankruptcy Act of 1898 (formerly 11 U. S. C. § 701 et seq. ) (Bankruptcy Act.”

Gen. Stores Corp. v. Shlensky, 350 U.S. 462 (1956). · cites it 4× “905 , as amended, 11 U. S. C. § 701 et seq. ) alleging it was unable to pay its debts as they matured.”

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— 11 U.S.C. § 701(a) — 2 cases

Shubert v. Sanders (In Re Sanders), 91 B.R. 317 (Bankr. E.D. Pa. 1988).

Taylor Elec. Co. v. Ettinger (In re Ettinger), 68 B.R. 993 (E.D. Mich. 1987).

— 11 U.S.C. § 701(a)(1) — 1 case

Team Sys. Int'l, LLC (Bankr. D. Del. 2022).

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