Page:United States Statutes at Large Volume 92 Part 2.djvu/1373

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-598—NOV. 6, 1978 (f) Sections 303(g), 322(b), 324, 326(b), 343, 345(b), 701(a), 703(b), 703(c), 704(8), 727(c), 727(d), 727(e), 1102(a), 1104, 1105, 1163, 1302(a), 1302(d), 1302(e), and 1326(a) of this title do not apply in a case under this title. SUBCHAPTER III—CASE ADMINISTRATION §15303. Involuntary cases A t any time after the commencement of an involuntary case under chapter 7 of this title but before an order for relief in the case, the court, on request of a party in interest, after notice to the debtor and a hearing, and if necessary to preserve the property of the estate or to prevent loss to the estate, may order the United States trustee to appoint an interim trustee under section 15701 of this title to take possession of the property of the estate and to operate any business of the debtor. Before an order for relief, the debtor may regain possession of property in the possession of a trustee ordered appointed under this subsection if the debtor files such bond as the court requires, conditioned on the debtor's accounting for and delivering to the trustee if there is an order for relief in the case, such property, or the value, as of the date the debtor regains possession, of such property. § 15321. Eligibility to serve as trustee The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case. §15322. Qualification of trustee (a) A United States trustee qualifies whenever such trustee serves in a case under this title. (b) The United States trustee shall determine— (1) the amount of a bond filed under section 322(a)(2); and (2) the sufficiency of the surety on such bond. § 15324. Removal of trustee or examiner The court, after notice and a hearing, may remove a trustee other than the United States trustee, or an examiner, for cause. § 15326. Limitation on compensation of trustee I n a case under chapter 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 1302(a) of this title for the trustee'services, payable after the trustee renders such services, not to exceed five percent upon all payments under the plan. § 15330. Compensation of officers In a case in which the United States trustee serves as trustee, the compensation of the trustee under section 330 of this title shall be paid to the clerk of the bankruptcy court, and by the clerk, into the Treasury. § 15343. Examination of the debtor The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor.

92 STAT. 2653 Ante, pp. 2559, 2562, 2565, 2604, 2605, 2609, 2626-2628, 2641. 11 USC 15303. Notice and hearing. Ante, p. 2603.

11 USC 15321.

11 USC 15322.

Ante, p. 2562. 11 USC 15324. Notice and hearing. 11 USC 15326.

Post, p. 2663. Ante, p. 2564.

11 USC 15330.

11 USC 15343. Ante, p. 2564.