Appointing a Trustee or Examiner in a Chapter 11 Case

U.S Code last checked for updates: Jan 30, 2025

Rule 2007.1.

(a)

In General.

In a Chapter 11 case, a motion to appoint a trustee or examiner under § 1104(a) or (c) must be made in accordance with Rule 9014.

(b)

Requesting the United States Trustee to Convene a Meeting of Creditors to Elect a Trustee.

(1)

In General. A request to the United States trustee to convene a meeting of creditors to elect a trustee must be filed and sent to the United States trustee in accordance with Rule 5005 and within the time prescribed by § 1104(b). Pending court approval of the person elected, any person appointed by the United States trustee under § 1104(d) and approved under (c) below must serve as trustee.

(2)

Notice and Manner of Conducting the Election. A trustee’s election under § 1104(b) must be conducted as Rules 2003(b)(3) and 2006 provide, and notice of the meeting of creditors must be given as Rule 2002 provides. The United States trustee must preside at the meeting. A proxy to vote in the election may be solicited only by a creditors’ committee appointed under § 1102 or by another party entitled to solicit a proxy under Rule 2006.

(3)

Reporting Election Results; Resolving Disputes.

(A)

Undisputed Election. If the election is undisputed, the United States trustee must promptly file a report certifying the election, including the name and address of the person elected and a statement that the election is undisputed. The report must be accompanied by a verified statement of the person elected setting forth that person’s connections with:

• the debtor;

• creditors;

• any other party in interest;

• their respective attorneys and accountants;

• the United States trustee; or

• any person employed in the United States trustee’s office.

(B)

Disputed Election. If the election is disputed, the United States trustee must promptly file a report stating that the election is disputed, informing the court of the nature of the dispute and listing the name and address of any candidate elected under any alternative presented by the dispute. The report must be accompanied by a verified statement by each candidate, setting forth the candidate’s connections with any entity listed in (A)(i)–(vi).1

 So in House Document 118–124. Subd. (b)(3)(A) does not contain numbered clauses.

No later than the date on which the report is filed, the United States trustee must mail a copy and each verified statement to:

(i)

any party in interest that has made a request to convene a meeting under § 1104(b) or to receive a copy of the report; and

(ii)

any committee appointed under § 1102.

(c)

Approving an Appointment.

On application of the United States trustee, the court may approve a trustee’s or examiner’s appointment under § 1104(d). The application must:

(1)

name the person appointed and state, to the best of the applicant’s knowledge, all that person’s connections with any entity listed in (b)(3)(A)(i)–(vi); ¹

(2)

state the names of the parties in interest with whom the United States trustee consulted about the appointment; and

(3)

be accompanied by a verified statement of the person appointed setting forth that person’s connections with any entity listed in (b)(3)(A)(i)–(vi).¹

(Added Apr. 30, 1991, eff. Aug. 1, 1991; amended Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)