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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  5 U.S. Code § 5338: Regulations

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