11 USC 1106 - Duties of trustee and examiner

U.S Code last checked for updates: Nov 22, 2024

§ 1106.

Duties of trustee and examiner

(a)

A trustee shall—

(1)

perform the duties of the trustee, as specified in paragraphs (2), (5), (7), (8), (9), (10), (11), and (12) of section 704(a);

(2)

if the debtor has not done so, file the list, schedule, and statement required under section 521(a)(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;

(7)

after confirmation of a plan, file such reports as are necessary or as the court orders; and

(8)

if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c).

(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.

(c)

(1)

In a case described in subsection (a)(8) to which subsection (a)(8) applies, the trustee shall—

(A)

(i)

provide written notice to the holder of the claim described in subsection (a)(8) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and

(ii)

include in the notice required by clause (i) the address and telephone number of such State child support enforcement agency;

(B)

(i)

provide written notice to such State child support enforcement agency of such claim; and

(ii)

include in the notice required by clause (i) the name, address, and telephone number of such holder; and

(C)

at such time as the debtor is granted a discharge under section 1141, provide written notice to such holder and to such State child support enforcement agency of—

(i)

the granting of the discharge;

(ii)

the last recent known address of the debtor;

(iii)

the last recent known name and address of the debtor’s employer; and

(iv)

the name of each creditor that holds a claim that—

(I)

is not discharged under paragraph (2), (4), or (14A) of section 523(a); or

(II)

was reaffirmed by the debtor under section 524(c).

(2)

(A)

The holder of a claim described in subsection (a)(8) or the State child enforcement support agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B)

Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making such disclosure.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2628; Pub. L. 98–353, title III, §§ 311(b)(1), 502, July 10, 1984, 98 Stat. 355, 384; Pub. L. 99–554, title II, § 257(c), Oct. 27, 1986, 100 Stat. 3114; Pub. L. 103–394, title II, § 211(b), Oct. 22, 1994, 108 Stat. 4125; Pub. L. 109–8, title II, § 219(b), title IV, § 446(c), title XI, § 1105(b), Apr. 20, 2005, 119 Stat. 56, 118, 192; Pub. L. 111–327, § 2(a)(31), Dec. 22, 2010, 124 Stat. 3560.)

cite as: 11 USC 1106