Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

What are the statutory duties of the standing chapter 13 trustee?

Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows:

11 U.S.C. § 1302. Trustee

(a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee . . .

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