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TITLE 11 > CHAPTER 3 > SUBCHAPTER II > § 322Prev | Next

§ 322. Qualification of trustee

Release date: 2005-07-12

(a) Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if 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)
(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.
(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.

 
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