11 U.S.C. § 703

Successor trustee

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(a) If a trustee dies or resigns during a case, fails to qualify under section 322 of this title, or is removed under section 324 of this title, creditors may elect, in the manner specified in section 702 of this title, a person to fill the vacancy in the office of trustee.(b) Pending election of a trustee under subsection (a) of this section, if necessary to preserve or prevent loss to the estate, the United States trustee may appoint an interim trustee in the manner specified in section 701(a).(c) If creditors do not elect a successor trustee under subsection (a) of this section or if a trustee is needed in a case reopened under section 350 of this title, then the United States trustee—(1) shall appoint one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 to serve as trustee in the case; or(2) may, if none of the disinterested members of such panel is willing to serve as trustee, serve as trustee in the case.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605; Pub. L. 98–353, title III, § 473, July 10, 1984, 98 Stat. 381; Pub. L. 99–554, title II, § 216, Oct. 27, 1986, 100 Stat. 3100.)Historical and Revision Notessenate report no. 95–989

If the office of trustee becomes vacant during the case, this section makes provision for the selection of a successor trustee. The office might become vacant through death, resignation, removal, failure to qualify under section 322 by posting bond, or the reopening of a case. If it does, creditors may elect a successor in the same manner as they may elect a trustee under the previous section. Pending the election of a successor, the court may appoint an interim trustee in the usual manner if necessary to preserve or prevent loss to the estate. If creditors do not elect a successor, or if a trustee is needed in a reopened case, then the court appoints a disinterested member of the panel of private trustees to serve.

Editorial NotesAmendments

1986—Subsec. (b). Pub. L. 99–554 amended subsec. (b) generally, substituting “the United States trustee may appoint” for “the court may appoint” and “manner specified in section 701(a)” for “manner and subject to the provisions of section 701 of this title”.

Subsec. (c). Pub. L. 99–554 amended subsec. (c) generally, substituting “this section or” for “this section, or”, “then the United States trustee” for “then the court”, designating part of existing provisions as par. (1), and, as so designated, substituting “586(a)(1)” for “604(f)”, “in the case; or” for “in the case.”, and adding par. (2).

1984—Subsec. (b). Pub. L. 98–353 substituted “and subject to the provisions of section 701 of this title” for “specified in section 701(a) of this title. Sections 701(b) and 701(c) of this title apply to such interim trustee”.

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.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Notes of Decisions

Cited in 13 cases, 1986–2019 · leading case: Stanwyck v. United States, 127 Fed. Cl. 308 (Fed. Cl. 2016).

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Stanwyck v. United States, 127 Fed. Cl. 308 (Fed. Cl. 2016). “11 U.S.C. § 703 (a)-(b); 11 U.S.C. § 1104 (d).”

In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah Bell, 225 F.3d 203 (2d Cir. 2000). “See 11 U.S.C. §§ 703 (a), 702(b). The election of a trustee requires a meeting of creditors.”

Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich), 229 B.R. 777 (9th Cir. BAP 1999). “We need not decide whether the motion to reopen was the appropriate procedure or whether the bankruptcy court abused its discretion in refusing to reopen the case. The court’s actions in issuing a temporary restraining order without having first reopened the case and in…”

Wells Fargo v. Bear Stearns Co Inc, 945 F.3d 801 (3rd Cir. 2019). “, 11 U.S.C. §§ 703 (b), 726(a)(4), 727(a)(12)(B).”

Georgia-Pac. Corp. v. Burtch (In Re Allied Digit. Tech. Corp.), 341 B.R. 171 (D. Del. 2006). · cites it 2× “) On July 25, 2002, the Trustee was appointed as successor trustee, pursuant to 11 U.S.C. § 703 , which provides for appointment in the same manner as section 701(a).”

In Re Derryberry, 72 B.R. 874 (Bankr. N.D. Ohio 1987). “Courts to the court who is willing to accept appointment in this case as successor trustee under 11 U.S.C. § 703 . It is further *888 ORDERED that Quentin M.”

Varalli v. PTL Intermodal (In Re Metro Shippers, Inc.), 95 B.R. 366 (Bankr. E.D. Pa. 1989). “Varalli, was chosen successor trustee pursuant to 11 U.S.C. § 703 . Mr. Varalli then filed this preference proceeding against this defendant on August 5, 1988.”

In Re DeLash, 260 B.R. 4 (Bankr. E.D. Cal. 2000). “2 11 U.S.C. § 703 (c). It is the UST who is charged with establishing, maintaining, and supervising a panel of private trustees eligible and available to serve in chapter 7 cases.”

Ravick v. Mellon Bank, N.A. (In Re Chequers, Ltd.), 59 B.R. 177 (Bankr. W.D. Pa. 1986). “The appointment of the Successor Trustee, 11 U.S.C. § 703 , does not extend the statute.”

In Re 82 Milbar Boulevard Inc., 91 B.R. 213 (Bankr. E.D.N.Y. 1988). “Trustee is hereby directed to appoint a successor trustee pursuant to 11 U.S.C. § 703 . In the event that no interim or successor trustee is in place as of 30 days from the date of this Memorandum Decision, the absence of an appointed trustee shall be cause for dismissal…”

In re Argon Credit LLC, 574 B.R. 684 (Bankr. N.D. Ill. 2017). · cites it 2× “See 11 U.S.C. § 703 (a) (providing for a permissive election in the case of a trustee’s resigning).”

In Re Dale R. Brookover Montgomery Farms Jack Giulitto, Debtors. Ira Bodenstein, United States Tr., 352 F.3d 1083 (6th Cir. 2003). · cites it 2× “Consistent with these understandings, *1087 Congress has consistently treated resignation and removal as distinct events, both under the Bankruptcy Code, see 11 U.S.C. §§ 703 (a) and 1104(d), and under Bankruptcy Rule 2012(b).”

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