11-U.S.C.-323

§323 – Role and Capacity of Trustee

Pathway

Title 11 > Chapter 3 > Subchapter II > Section 323

Details

• Reference: Section 323
• Legend: §323 – Role and Capacity of Trustee
• USCode Year: 2013

Provision Content

(a) The trustee in a case under this title is the representative of the estate.

(b) The trustee in a case under this title has capacity to sue and be sued.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)

Historical and Revision Notes

senate report no. 95–989

Subsection (a) of this section makes the trustee the representative of the estate. Subsection (b) grants the trustee the capacity to sue and to be sued. If the debtor remains in possession in a chapter 11 case, section 1107 gives the debtor in possession these rights of the trustee: the debtor in possession becomes the representative of the estate, and may sue and be sued. The same applies in a chapter 13 case.

U.S. Encyclopedia of Law Coverage

11-U.S.C.-302 in the Legal Encyclopedia: Bankruptcy

In this entry about 11-U.S.C.-302, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.

11-U.S.C.-305 in the Legal Encyclopedia: Bankruptcy Case Administration

In this entry about 11-U.S.C.-305, find legal reference material, bibliographies and premiere content related to bankruptcy case administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy case administration-specific issues, written by authorities in the field.

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