Page:United States Statutes at Large Volume 92 Part 2.djvu/1376

 92 STAT. 2656

PUBLIC LAW 95-598—NOV. 6, 1978

(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor. (b) If the court does not order the appointment of a trustee under this section, then at any time before the confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of an examiner to conduct such an investigation of the debtor as is appropriate, including an investigation of any allegations of fraud, dishonesty, incompetence, misconduct, mismanagement, or iregularity in the management of the affairs of the debtor of or by current or former management of the debtor, if— (1) such appointment is in the best interest of creditors, any equity security holders, and other interests of the estate; or (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 United States trustee, after consultation with parties in interest, shall appoint, subject to the court's approval, one disinterested person other than the United States trustee to serve as trustee or examiner, as the case may be, in the case. 11 USC 151105. § 151105. Termination of trustee's appointment Notice and At any time before confirmation of a plan, on request of a party in hearing. interest or the United States trustee, 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 151163. § 151163. Appointment of trustee As soon as practicable after the order for relief the Secretary of Transportation shall submit a list of five disinterested persons that are qualified and willing to serve as trustee in the case. The United States trustee shall appoint one of such persons to serve as trustee in the case. SUBCHAPTER XIII—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL W I T H REGULAR INCOME 11 USC 151302. § 151302. Trustee (a) If the United States trustee has appointed an individual under Post, p. 2663. section 586(b) of title 28 to serve as standing trustee in cases under chapter 13 of this title and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. The United States trustee shall serve as trustee in the case otherwise. (b) The trustee shall— (1) perform the duties specified in sections 704(2), 704(3), Ante, p. 2605. 704 (4), 704 (5), 704(6), and 704(8) of this title; (2) appear and be heard at any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan; or (C) modification of the plan after confirmation; and (3) advise, other than on legal matters, and assist the debtor in performance under the plan.

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