Page:United States Statutes at Large Volume 100 Part 4.djvu/170

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3098

PUBLIC LAW 99-554—OCT. 27, 1986

SEC. 205. AUTHORITY OF UNITED STATES TRUSTEE IN CASES UNDER TITLE 11.

11 USC 301 e« seq. 11 USC 307.

(a) AUTHORITY.—Subchapter I of chapter 3 of title 11, United States Code, is amended by adding at the end thereof the following: "§ 307. United States trustee "The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title.". (b) TECHNICAL AMENDMENT.—The table of sections for subchapter I of chapter 3 of title 11, United States Code, is amended by adding at the end thereof the following new item: "307. United States trustee.". SEC. 206. ELIGIBILITY OF UNITED STATES TRUSTEE TO SERVE AS TRUSTEE.

Section 321 of title 11, United States Code, is amended by adding at the end thereof the following: "(c) The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case if necessary.". SEC. 207. QUALIFICATION OF TRUSTEE.

Section 322 of title 11, United States Code, is amended— (1) in subsection (a) by striking out "A person" and inserting ^ in lieu thereof "Except as provided in subsection (b)(1), a ^' person", and (2) by amending subsection (b) to read as follows: "(b)(1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title. "(2) The United States trustee shall determine— "(A) the amount of a bond required to be filed under subsection (a) of this section; and "(B) the sufficiency of the surety on such bond.". SEC. 208. REMOVAL OF TRUSTEE OR EXAMINER.

Section 324 of title 11, United States Code, is amended to read as follows: •

Courts, U.S.

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"§ 324. Removal of trustee or examiner "(a) The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause. "(b) Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.". SEC. 209. LIMITATION ON COMPENSATION OF TRUSTEE.

Post, p. 3105; 11 USC 1301 et

  • ^9

Section 326(b) of title 11, United States Code, is amended to read as follows: "(b) In a case under chapter 12 or 13 of this title, the court may not allow compensation for services or reimbursement of expenses of the'United States trustee or of a standing trustee appointed under section 586(b) of title 28, but may allow reasonable compensation under section 330 of this title of a trustee appointed under section 1202(a) or 1302(a) of this title for the trustee'services, payable after