11 U.S.C. § 323
Section 323 · Role and capacity of trustee
Viewing 11 U.S.C. § 323 as in effect on March 28, 1983.
View current version →(a) The trustee in a case under this title is the representative of the estate.
(b) The trustee in a case under this title has capacity to sue and be sued.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Subsection (a) of this section makes the trustee the representative of the estate. Subsection (b) grants the trustee the capacity to sue and to be sued. If the debtor remains in possession in a chapter 11 case, section 1107 gives the debtor in possession these rights of the trustee: the debtor in possession becomes the representative of the estate, and may sue and be sued. The same applies in a chapter 13 case.