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Rule 2012 United States Federal Rules of Bankruptcy Procedure

Rule 2012 Federal Rules of Bankruptcy Procedure

Rule 2012 of the Federal Rules of Bankruptcy Procedure is about Substituting a Trustee in a Chapter 11 or 12 Case; Successor Trustee in a Pending Proceeding. It is under Part II (Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants) of the Rules.

(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.

See also  Rule 56 United States Federal Rules of Criminal Procedure

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