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U.S. Code as of:
01/19/04
Section 1106. Duties of trustee and examiner
(a) A trustee shall -
(1) perform the duties of a trustee specified in sections
704(2), 704(5), 704(7), 704(8), and 704(9) of this title;
(2) if the debtor has not done so, file the list, schedule, and
statement required under section 521(1) of this title;
(3) except to the extent that the court orders otherwise,
investigate the acts, conduct, assets, liabilities, and financial
condition of the debtor, the operation of the debtor's business
and the desirability of the continuance of such business, and any
other matter relevant to the case or to the formulation of a
plan;
(4) as soon as practicable -
(A) file a statement of any investigation conducted under
paragraph (3) of this subsection, including any fact
ascertained pertaining to fraud, dishonesty, incompetence,
misconduct, mismanagement, or irregularity in the management of
the affairs of the debtor, or to a cause of action available to
the estate; and
(B) transmit a copy or a summary of any such statement to any
creditors' committee or equity security holders' committee, to
any indenture trustee, and to such other entity as the court
designates;
(5) as soon as practicable, file a plan under section 1121 of
this title, file a report of why the trustee will not file a
plan, or recommend conversion of the case to a case under chapter
7, 12, or 13 of this title or dismissal of the case;
(6) for any year for which the debtor has not filed a tax
return required by law, furnish, without personal liability, such
information as may be required by the governmental unit with
which such tax return was to be filed, in light of the condition
of the debtor's books and records and the availability of such
information; and
(7) after confirmation of a plan, file such reports as are
necessary or as the court orders.
(b) An examiner appointed under section 1104(d) of this title
shall perform the duties specified in paragraphs (3) and (4) of
subsection (a) of this section, and, except to the extent that the
court orders otherwise, any other duties of the trustee that the
court orders the debtor in possession not to perform.
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