Election of Chapter 7 Trustees under the Bankruptcy Code

Dunham, Darrell

Journal: Cleveland State Law Review

Volume: 47

First Page: 371

Year: 1999

Bluebook Citation: 47 CLEV. ST. L. REV. 371 (1999)

Author: Darrell W. Dunham: all 4 publications


Abstract

This article offers an analysis of the election of chapter 7 trustees. Part II the prior statutory scheme and the legislative history supporting the present statute. Part III examines the present statute, discussing the statutory requirements for the election of a chapter 7 trustee. Part IV discusses election procedures.

The bankruptcy rules mandate a prescribed set of procedures for elections, including procedures for disputing the results of an election. These rules and the cases applying them are discussed in Part IV. In Part V, appellate reviewed is examined. This section analyzes questions such as standing and appealable orders.

Finally, in Part VI a proposal is offered to amend portions of the statute and supporting rules.

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