Substituting a Trustee in a Chapter 11 or 12 Case; Successor Trustee in a Pending Proceeding

U.S Code last checked for updates: Jan 18, 2025

Rule 2012.

(a)

Substituting a Trustee.

The trustee is automatically substituted for the debtor in possession as a party in any pending action, proceeding, or matter if:

(1)

the trustee is appointed in a Chapter 11 case (other than under Subchapter V); or

(2)

the debtor is removed as debtor in possession in a Chapter 12 case or in a case under Subchapter V of Chapter 11.

(b)

Successor Trustee.

If a trustee dies, resigns, is removed, or otherwise ceases to hold office while a bankruptcy case is pending, the successor trustee is automatically substituted as a party in any pending action, proceeding, or matter. The successor trustee must prepare, file, and send to the United States trustee an accounting of the estate’s prior administration.

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