Laws: Cases and Codes : U.S. Code : Title 11 : Section 1302


   
U.S. Code as of: 01/19/04
Section 1302. Trustee

      (a) If the United States trustee appoints an individual under
    section 586(b) of title 28 to serve as standing trustee in cases
    under this chapter and if such individual qualifies under section
    322 of this title, then such individual shall serve as trustee in
    the case. Otherwise, the United States trustee shall appoint one
    disinterested person to serve as trustee in the case or the United
    States trustee may serve as a trustee in the case.
      (b) The trustee shall - 
        (1) perform the duties specified in sections 704(2), 704(3),
      704(4), 704(5), 704(6), 704(7), and 704(9) of this title;
        (2) appear and be heard at any hearing that concerns - 
          (A) the value of property subject to a lien;
          (B) confirmation of a plan; or
          (C) modification of the plan after confirmation;

        (3) dispose of, under regulations issued by the Director of the
      Administrative Office of the United States Courts, moneys
      received or to be received in a case under chapter XIII of the
      Bankruptcy Act;
        (4) advise, other than on legal matters, and assist the debtor
      in performance under the plan; and
        (5) ensure that the debtor commences making timely payments
      under section 1326 of this title.

      (c) If the debtor is engaged in business, then in addition to the
    duties specified in subsection (b) of this section, the trustee
    shall perform the duties specified in sections 1106(a)(3) and
    1106(a)(4) of this title.



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