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LegalText 11 U.S.C. § 321 Eligibility to serve as trustee us united_states_code code_section 11 BANKRUPTCY 3 CASE ADMINISTRATION 321 11 U.S.C. § 321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s321 data/legal/raw/us/code/title-11/usc11.xml 4deed29e35fb7fd61d7c9c6337618bb2869b74b9ce171d0c863207543d28770c 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 4f1a0aa2f5354746d91926116d6f84d61f2a643a1f71f95237efe92239436e13 2026-07-04 official
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11 U.S.C. § 321 - Eligibility to serve as trustee

Text

(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, 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 corporations charter or bylaws to act as trustee, and, in a case under chapter 7, 12, or 13 of this title, 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.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 98353, title III, § 428, July 10, 1984, 98 Stat. 369; Pub. L. 99554, title II, §§ 206, 257(c), Oct. 27, 1986, 100 Stat. 3098, 3114.)

Notes

Historical and Revision Notes

legislative statementsSection 321 indicates that an examiner may not serve as a trustee in the case.

senate report no. 95989Section 321 is adapted from current Bankruptcy Act § 45 [section 73 of former title 11] and Bankruptcy Rule 209. Subsection (a) specifies that an individual may serve as trustee in a bankruptcy case only if he is competent to perform the duties of trustee and resides or has an office in the judicial district within which the case is pending, or in an adjacent judicial district. A corporation must be authorized by its charter or bylaws to act as trustee, and, for chapter 7 or 13 cases, must have an office in any of the above mentioned judicial districts.

Editorial Notes

Amendments1986—Subsec. (a). Pub. L. 99554, § 257(c), inserted reference to chapter 12 in two places. Subsec. (c). Pub. L. 99554, § 206, added subsec. (c). 1984—Subsec. (b). Pub. L. 98353 substituted “the case” for “a case” after “an examiner in”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentEffective date and applicability of amendment by section 206 of Pub. L. 99554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 257 of Pub. L. 99554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99554.

Effective Date of 1984 AmendmentAmendment by Pub. L. 98353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98353, set out as a note under section 101 of this title.