Bankruptcy Code

Bankruptcy is a legal declaration that allows some debtors to discharge their unsecured debts. The text of this statute is provided as general information to the public. It may be amended, revised, or rescinded at any time without notice. This information is not intended to be legal advice. For more information, please see our disclaimer.

11 U.S.C. § 321. Eligibility to serve as trustee

(a) A person may serve as trustee in a case under this title only if such person is--
(1) an individual that is competent to perform the duties of trustee and, in a case under chapter 7, 12, or 13 of this title [11 USCS §§ 701 et seq., 1201 et seq., or 1301 et seq.], resides or has an office in the judicial district within which the case is pending, or in any judicial district adjacent to such district; or
(2) a corporation authorized by such corporation's charter or bylaws to act as trustee, and, in a case under chapter 7, 12, or 13 of this title [11 USCS §§ 701 et seq., 1201 et seq., or 1301 et seq.], having an office in at least one of such districts.

(b) A person that has served as an examiner in the case may not serve as trustee in the case.

(c) The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.