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/* Chapter 7, formerly known as "straight bankruptcy" is by far
the most common type of bankruptcy file. We begin with part 1 of
2 of Chapter 7. */
CHAPTER 7
Liquidation
SUBCHAPTER I
Officers and Administration
SECTION 701 (11 U.S.C. 701)
701. Interim trustee.
(a)(1) Promptly after the order for relief under this chapter,
the United States trustee shall appoint one disinterested person
that is a member of the panel of private trustees established
under section 586(a)(1) of title 28 or that is serving as trustee
in the case immediately before the order for relief under this
chapter to serve as interim trustee in the case.
(2) If none of the members of such panel is willing to serve as
interim trustee in the case, then the United States trustee may
serve as interim trustee in the case.
/* One of the reasons why this section says "may" is that in the
case of toxic waste dumps, the title holder is responsible for
remediation regardless of the status of the title holder. In some
cases, no one has been willing to serve. */
(b) The service of an interim trustee under this section
terminates when a trustee elected or designated under section 702
of this title to serve as trustee in the case qualifies under
section 322 of this title.
(c) An interim trustee serving under this section is a trustee in
a case under this title.
SECTION 702 (11 U.S.C. 702)
702. Election of trustee.
(a) A creditor may vote for a candidate for trustee only if such
creditor-
(1) holds an allowable, undisputed, fixed, liquidated, unsecured
claim of a kind entitled to distribution under sections
726(a)(2), 726(a)(3), 726(a)(4), 752(a), 766(h), or 766(i) of
this title;
(2) does not have an interest materially adverse, other than an
equity interest that is not substantial in relation to such creditor's interest as a creditor, to the interest of creditors
entitled to such distribution; and
/* A secured creditor, however, cannot be the trustee. */
(3) is not an insider.
(b) At the meeting of creditors held under section 341 of this
title, creditors may elect one person to serve as trustee in the
case if election of a trustee is requested by creditors that may
vote under subsection (a) of this section, and that hold at least
20 percent in amount of the claims specified in subsection (a)(1)
of this section that are held by creditors that may vote under
subsection (a) of this section.
(c) A candidate for trustee is elected trustee if-
(1) creditors holding at least 20 percent in amount of the claims
of a kind specified in subsection (a)(1) of this section that are
held by creditors that may vote under subsection (a) of this
section vote; and
(2) such candidate receives the votes of creditors holding a
majority in amount of claims specified in subsection (a)(1) of
this section that are held by creditors that vote for a trustee.
(d) If a trustee is not elected under this Section, then the
interim trustee shall serve as trustee in the case.
/* A chat with several clerks of bankruptcy courts reveals that
they could not remember even one election. */
SECTION 703 (11 U.S.C. 703)
703. Successor trustee.
(a) If a trustee dies or resigns during a case, fails to qualify
under section 322 of this title, or is removed under section 324
of this title, creditors may elect, in the manner specified in
section 702 of this title, a person to fill the vacancy in the
office of trustee.
(b) Pending election of a trustee under subsection (a) of this
section, if necessary to preserve or prevent loss to the estate,
the United States trustee may appoint an interim trustee in the
manner specified in section 7O1(a).
(c) If creditors do not elect a successor trustee under
subsection (a) of this section or if a trustee is needed in a
case reopened under section 350 of this title, then the United
States trustee-
(1) shall appoint one disinterested person that is a member of
the panel of private trustees established under section 586(a)(1) of title 28 to serve as trustee in the case; or
(2) may, if none of the disinterested members of such panel is
willing to serve as trustee, serve as trustee in the case.
SECTION 704 (11 U.S.C. 704)
704. Duties of trustee. The trustee shall-
(1) collect and reduce to money the property of the estate for
which such trustee serves, and close such estate as expeditiously
as is compatible with the best interests of parties in interest;
(2) be accountable for all property received;
(3) ensure that the debtor shall perform his intention as
specified in section 521(2)(B) of this title;
(4) investigate the financial affairs of the debtor;
(5) if a purpose would be served, examine proofs of claims and
object to the allowance of any claim that is improper;
(6) if advisable, oppose the discharge of the debtor;
(7) unless the court orders otherwise, furnish such information
concerning the estate and the estate's administration as is
requested by a party in interest;
(8) if the business of the debtor is authorized to be operated,
file with the Court, with the United States trustee, and with any
governmental unit charged with responsibility for collection or
determination of any tax arising out of such operation, periodic
reports and summaries of the operation of such business,
including a statement of receipts and disbursements, and such
other information as the United States trustee or the court
requires; and
(9) make a final report and file a final account of the
administration of the estate with the court and with the United
States trustee.
SECTION 705 (11 U.S.C. 705)
705. Creditors' committee.
(a) At the meeting under section 341(a) of this title, creditors
that may vote for a trustee under section 702(a) of this title
may elect a committee of not fewer than three, and not more than
11, creditors, each of whom holds an allowable unsecured claim of
a kind entitled to distribution under section 726(a)(2) of this
title.
(b) A committee elected under subsection (a) of this section may consult with the trustee or the United States trustee in
connection with the administration of the estate, make
recommendations to the trustee or the United States trustee
respecting the performance of the trustee's duties, and submit to
the court or the United States trustee any question affecting the
administration of the estate.
/* Although Chapter 11 creditor's committees are traditional and
in some cases useful, Chapter 7 creditor's committees are
unusual. */
SECTION 706 (11 U.S.C. 706)
706. Conversion.
(a) The debtor may convert a case under this chapter to a case
under chapter 11, 12, or 13 of this title at any time, if the
case has not been converted under section 1112, 1307, or 1208 of
this title. Any waiver of the right to convert a case under this
subsection is unenforceable.
(b) On request of a party in interest and after notice and a
hearing, the court may convert a case under this chapter to a
case under chapter 11 of this title at any time.
(c) The court may not convert a case under this chapter to a case
under chapter 12 or 13 of this title unless the debtor requests
such conversion.
/* The case of a family farmer under Chapter 12 cannot be
converted to Chapter 7. */
(d) Notwithstanding any other provision of this section, a case
may not be converted to a case under another chapter of this
title unless the debtor may be a debtor under such chapter.
SECTION 707 (11 U.S.C. 707)
707. Dismissal.
(a) The court may dismiss a case under this chapter only after
notice and a hearing and only for cause, including
(1) unreasonable delay by the debtor that is prejudicial to
creditors;
(2) nonpayment of any fees or charges required under chapter 123
of title 28; and
(3) failure of the debtor in a voluntary case to file, within
fifteen days or such additional time as the court may allow after
the filing of the petition commencing such case