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11 U.S.C. § 324

Section 324 · Removal of trustee or examiner

Amended 2 times on record

Applied in 136 court decisions — leading case In re Marvel Entertainment Group, Inc. (1998)

Most recently applied in Simu v. Carvalho (In re Carvalho) (March 2019)

Cases citing this section usually also cite 11 U.S.C. § 101 · 11 U.S.C. § 704 · 28 U.S.C. § 157

How often courts cite this section

1978198019902000201020198095-598enacted · 1978 · 95-59899-554amended · 1986 · 99-554In re Marvel Entertainment Group, Inc.leading · 1998 · In re Marvel Entertainment Group, Inc.
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The court, after notice and a hearing, may remove a trustee, other than the United States trustee, or an examiner, for cause.

(b) Whenever the court removes a trustee or examiner under subsection (a) in a case under this title, such trustee or examiner shall thereby be removed in all other cases under this title in which such trustee or examiner is then serving unless the court orders otherwise.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

This section permits the court, after notice and a hearing, to remove a trustee for cause.

Amendments

1986—Pub. L. 99–554 amended section generally, designating existing provisions as subsec. (a), substituting “a trustee, other than the United States trustee, or an examiner” for “a trustee or an examiner”, and adding subsec. (b).

Effective Date of 1986 Amendment

Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

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