(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
(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.
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.
1986—Subsec. (b). Pub. L. 99–554amended 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. 99–554amended 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. 98–353substituted “and subject to the provisions of section
701 of this title” for “specified in section
701(a) of this title. Sections
701(c) of this title apply to such interim trustee”.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by Pub. L. 99–554dependent upon the judicial district involved, see section 302(d), (e) ofPub. 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. 98–353effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) ofPub. L. 98–353, set out as a note under section
101 of this title.
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