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(a) Trustee.
If a trustee is appointed in a chapter 11 case or the debtor is removed as debtor in possession in a chapter 12 case, the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.
If a trustee is appointed in a chapter 11 case or the debtor is removed as debtor in possession in a chapter 12 case, the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.
(b) Successor Trustee.
When a trustee dies, resigns, is removed, or otherwise ceases to hold office during the pendency of a case under the Code (1) the successor is automatically substituted as a party in any pending action, proceeding, or matter; and (2) the successor trustee shall prepare, file, and transmit to the United States trustee an accounting of the prior administration of the estate.
When a trustee dies, resigns, is removed, or otherwise ceases to hold office during the pendency of a case under the Code (1) the successor is automatically substituted as a party in any pending action, proceeding, or matter; and (2) the successor trustee shall prepare, file, and transmit to the United States trustee an accounting of the prior administration of the estate.
ABI Related Resources
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| Article | Date |
|---|---|
| A Discussion of Critical Issues and Practical Tips for the Subchapter V Trustee and Practitioner | 07/29/2024 |
| ABI Talks: Bankruptcy Ideas Worth Sharing | 10/08/2023 |
| Judicial Round-and-Round: Part II | 09/01/2022 |
| Subchapter V Landmines: What, Where and How to Deal with Them | 04/26/2022 |
| Florida: The Ultimate Subchapter V Experiment: Part II | 03/24/2022 |
