Trustees for Jointly Administered Estates

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

Rule 2009.

(a)

Creditors’ Right to Elect a Single Trustee.

Except in a case under Subchapter V of Chapter 7 or Subchapter V of Chapter 11, if the court orders that 2 or more estates be jointly administered under Rule 1015(b), the creditors may elect a single trustee for those estates.

(b)

Creditors’ Right to Elect a Separate Trustee.

Except in a case under Subchapter V of Chapter 7 or Subchapter V of Chapter 11, any debtor’s creditors may elect a separate trustee for the debtor’s estate under § 702—even if the court orders joint administration under Rule 1015(b).

(c)

United States Trustee’s Right to Appoint Interim Trustees in Cases with Jointly Administered Estates.

(1)

Chapter 7. Except in a case under Subchapter V of Chapter 7, the United States trustee may appoint one or more interim trustees for estates being jointly administered in Chapter 7.

(2)

Chapter 11. If the court orders or the Code requires the appointment of a trustee, the United States trustee may appoint one or more trustees for estates being jointly administered in Chapter 11.

(3)

Chapter 12 or 13. The United States trustee may appoint one or more trustees for estates being jointly administered in Chapter 12 or 13.

(d)

Conflicts of Interest.

On a showing that a common trustee’s conflicts of interest will prejudice creditors or equity security holders of jointly administered estates, the court must order the selection of separate trustees for the estates.

(e)

Keeping Separate Accounts.

A trustee of jointly administered estates must keep separate accounts of each estate’s property and distribution.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)