Duarte Bankruptcy Attorney

TITLE 11 - BANKRUPTCY
CHAPTER 3 - CASE ADMINISTRATION
    SUBCHAPTER II - OFFICERS

-HEAD-
    Sec. 323. Role and capacity of trustee

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562.)


                       HISTORICAL AND REVISION NOTES                   

                         SENATE REPORT NO. 95-989                     
      Subsection (a) of this section makes the trustee the
    representative of the estate. Subsection (b) grants the trustee the
    capacity to sue and to be sued. If the debtor remains in possession
    in a chapter 11 case, section 1107 gives the debtor in possession
    these rights of the trustee: the debtor in possession becomes the
    representative of the estate, and may sue and be sued. The same
    applies in a chapter 13 case.

-End-