Page:United States Statutes at Large Volume 92 Part 2.djvu/1348

 92 STAT. 2628 .:;s: jti-!

PUBLIC LAW 95-598—NOV. 6, 1978

(2) the debtor's fixed, liquidated, unsecured debts, other than debts for goods, services, or taxes, or owing to an insider, exceed $5,000,000. (c) If the court orders the appointment of a trustee or an examiner, if a trustee or an examiner dies or resigns during the case or is removed Ante, p. 2562. under section 324 of this title, or if a trustee fails to qualify under Ante, p. 2562. section 322 of this title, then the court shall appoint one disinterested person to serve as trustee or examiner, as the case may be, in the case. 11 USC 1105. § 1105. Termination of trustee's appointment At any time before confirmation of a plan, on request of a party in interest, and after notice and a hearing, the court may terminate the trustee's appointment and restore the debtor to possession and management of the property of the estate, and operation of the debtor's business. 11 USC 1106. §1106. Duties of trustee and examiner (a) A trustee shall— Ante, p. 2605. (1) perform the duties of a trustee specified in sections 704(2), 704(4), 704(6), 704(7), and 704(8) of this title; (2) if the debtor has not done so, file the list, schedule, and Ante, p. 2586. statement required under section 521(1) of this title; (3) except to the extent that the court orders otherwise, investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor's business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (4) as soon as practicable— (A) file a statement of any investigation conducted under paragraph (3) of this subsection, including any fact ascertained pertaining to fraud, dishonesty, incompetence, mis. '-JL * ' conduct, mismanagement, or iregularity in the management ,, of the affairs of the debtor, or to a cause of action available to the estate; and (B) transmit a copy or a summary of any such statement to any creditors' committee or equity security holders' committee, to any indenture trustee, and to such other entity as the court designates; (5) as soon as practicable, file a plan under section 1121 of this title, file a report of why the trustee will not file a plan, or recomAnte, p. 2603. mend conversion of the case to a case under chapter 7 or 13 of this title or dismissal of the case; (6) for any year for which the debtor has not filed a tax return required by law, furnish, without personal liability, such information as may be required by the governmental unit with which such tax return was to be filed, in light of the condition of the debtor's books and records and the availability of such information; and (7) after confirmation of a plan, file such reports as are necessary or as the court orders. (b) An examiner appointed under section 1104(c) of this title shall perform the duties specified in paragraphs (3) and (4) of subsection (a) of this section, and any other duties of the trustee that the court orders the debtor in possession not to perform. 11 USC 1107. § 1107. Rights, powers, and duties of debtor in possession (a) Subject to any limitations on a trustee under this chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the rights, other than the right to compensa-

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