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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 13.
Adjustment of Debts of an Individual with Regular Income
Subchapter I. Officers, Administration, and the Estate
11
USC § 1302. Trustee
(a) If the United States trustee appoints an
individual under section
586(b) of title 28 to serve as standing trustee in cases under this
chapter and if such individual qualifies under section
322 of this title, then such individual shall serve as trustee in the
case. Otherwise, the United States trustee shall appoint one disinterested
person to serve as trustee in the case or the United States trustee may serve
as a trustee in the case.
(b) The trustee shall--
(1) perform the duties specified in sections
704(2), 704(a)(3),
704(a)(4),
704(5),
704(6),
704(7),
and 704(9)
of this title; [sic--BAPCPA made each numbered
subsection part of subsection (a)]
(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;
(3) dispose of, under regulations issued by the
Director of the Administrative Office of the United States Courts, moneys
received or to be received in a case under chapter XIII of the Bankruptcy
Act;
(4) advise, other than on legal matters, and
assist the debtor in performance under the plan;
(5) ensure that the debtor commences making
timely payments under section
1326 of this title
; and
(6) if with respect to the
debtor there is a claim for a domestic support obligation, provide the
applicable notice specified in subsection
(d).
(c) If the debtor is engaged in business, then in
addition to the duties specified in subsection
(b) of this section, the trustee shall perform the duties specified in sections
1106(a)(3) and 1106(a)(4)
of this title.
(d)
(1) In a case described in subsection
(b)(6) to which subsection
(b)(6) applies, the trustee shall--
(A)
(i) provide written notice to the holder of the claim described in subsection
(b)(6) of such claim and of the right of such holder to use the
services of the State child support enforcement agency established under
sections
464 and 466
of the Social Security Act for the State in which such holder resides,
for assistance in collecting child support during and after the case
under this title; and
(ii) include in the notice provided under clause (i) the address and
telephone number of such State child support enforcement agency;
(B)
(i) provide written notice to such State child support enforcement
agency of such claim; and
(ii) include in the notice provided under clause (i) the name,
address, and telephone number of such holder; and
(C) at such time as the debtor is granted a
discharge under section
1328, provide written notice to such holder and to such State child
support enforcement agency of--
(i) the granting of the discharge;
(ii) the last recent known address of the debtor;
(iii) the last recent known name and address of the debtor's
employer; and
(iv) the name of each creditor that holds a claim that--
(I) is not discharged under paragraph
(2) or (4)
of section
523(a); or
(II) was reaffirmed by the debtor under section
524(c).
(2)
(A) The holder of a claim described in subsection
(b)(6) or the State child support enforcement agency of the State in
which such holder resides may request from a creditor described in
paragraph (1)(C)(iv) the last known address of the debtor.
(B) Notwithstanding any other provision of
law, a creditor that makes a disclosure of a last known address of a
debtor in connection with a request made under subparagraph (A) shall not
be liable by reason of making that disclosure.
[Rev. 5-25-05]
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