Page:United States Statutes at Large Volume 92 Part 2.djvu/1282

 92 STAT. 2562

PUBLIC LAW 95-598—NOV. 6, 1978

(b) A person that has served as an examiner in a case may not serve as trustee in the case. 11 USC 322. § 322. Qualification of trustee Post, pp. 2604, (a) A person selected under section 701,702, 703, 1104, 1163, or 1302 2605, 2627, of this title to serve as trustee in a case under this title qualifies if 2641, 2645. before five days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties. (b) The court shall determine— (1) the amount of a bond filed under subsection (a) of this , < (2) the sufficiency of the surety on such bond. •' (c) A trustee is not liable personally or on such trustee's bond in favor of the United States for any penalty or forfeiture incurred by the debtor. (d) A proceeding on a trustee's bond may not be commenced after two years after the date on which such trustee was discharged. 11 USC 323. § 323. Role and capacity of trustee (a) The trustee in a case under this title is the representative of the estate. (b) The trustee in a case under this title has capacity to sue and be sued. 11 USC 324. § 324. Removal of trustee or examiner The court, after notice and a hearing, may remove a trustee or an examiner, for cause. 11 USC 325. § 325. Effect of vacancy A vacancy in the office of trustee during a case does not abate any pending action or proceeding, and the successor trustee shall be substituted as a party in such action or proceeding. 11 USC 326. § 326. Limitation on compensation of trustee Post, pp. 2604, (a) In a case under chapter 7 or 11, the court may allow reasonable 2626. compensation under section 330 of this title of the trustee for the trustee'services, payable after the trustee renders such services, not to exceed fifteen percent on the first $1,000 or less, six percent on any amount in excess of $1,000 but not in excess of $3,000, three percent on any amount in excess of $3,000 but not in excess of $20,000, two percent on any amount in excess of $20,000 but not in excess of $50,000, and One percent on any amount in excess of $50,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. Post, p. 2645. (b) In a case under chapter 13 of this title, the court may not allow compensation for services or reimbursement of expenses of a standing trustee appointed under section 1302(d) of this title, 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. (c) If more than one person serves as trustee in the case, the aggregate compensation of such persons for such service may not exceed the maximum compensation prescribed for a single trustee by subsection (a) or (b) of this section, as the case may be. (d) The court may deny allowance of compensation for services and reimbursement of expenses of the trustee if the trustee—
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