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LegalText 11 U.S.C. § 701 Interim trustee us united_states_code code_section 11 BANKRUPTCY 7 LIQUIDATION 701 11 U.S.C. § 701 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/s701 data/legal/raw/us/code/title-11/usc11.xml d83868a588425794bf65ad40066c1d4c0047b991566bb0bde7b15cf0b622e91a 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 7749d6fa8ca14bc9b38ce80ad646667189452c477be36c1b3d0f48fc78504e64 2026-07-04 official
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11 U.S.C. § 701 - Interim trustee

Text

(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. 95598, Nov. 6, 1978, 92 Stat. 2604; Pub. L. 99554, title II, § 215, Oct. 27, 1986, 100 Stat. 3100.)

Notes

Historical and Revision Notes

legislative statementsThe 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. 95989This 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 Notes

Amendments1986—Subsec. (a). Pub. L. 99554 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 Subsidiaries

Effective Date of 1986 AmendmentEffective date and applicability of amendment by 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.