Appointing an Interim Trustee Before the Order for Re-
Federal Rules of Bankruptcy Procedure
Rule: 2001
Jurisdiction: US
Bluebook Citation: Fed. R. Bankr. P. 2001
lief in an Involuntary Chapter 7 Case (a) APPOINTING AN INTERIM TRUSTEE. After an involuntary Chap- ter 7 case commences but before an order for relief, the court may, on a party in interest’s motion, order the United States trustee to appoint an interim trustee under § 303(g). The motion must set forth the need for the appointment and may be granted only after a hearing on notice to: • the debtor; • the petitioning creditors; • the United States trustee; and • other parties in interest as the court orders. (b) BOND REQUIRED. An interim trustee may be appointed only if the movant furnishes a bond, in an amount that the court ap- proves, to indemnify the debtor for any costs, attorney’s fees, ex- penses, and damages allowable under § 303(i). (c) THE ORDER’S CONTENT. The court’s order must state the rea- son the appointment is needed and specify the trustee’s duties. (d) THE INTERIM TRUSTEE’S FINAL REPORT. Unless the court or- ders otherwise, after the qualification of a trustee selected under § 702, the interim trustee must: (1) promptly deliver to the trustee all the records and prop- erty of the estate that are in the interim trustee’s possession or under its control; and (2) within 30 days after the trustee qualifies, file a final re- port and account. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)
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