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BONDS: Trustees: Auctioneers: U.S. Trustee Handbooks

2010-1(e):  BONDS: Trustees: Auctioneers: U.S. Trustee Handbooks

FRBP 2008 requires the U.S. trustee to notify a case trustee when they've been appointed, and of the amount of bond required.  

FRBP 2010 authorizes the U.S. trustee to allow blanket bonds when a trustee is qualified.   

LBR 2010-1 governs procedures for court supervision over use of bonds and sureties in bankruptcy court.

LBR 2010-1(e) provides that trustees are exempt from these procedures, based on authority found in Bankruptcy Code Section 322.   

11 U.S.C. § 322 provides that a person selected under 701, 702, 203 1104, 1163, 1183, 1202, or 1302 of this title to serve as trustee, in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on faithful performance of such official duties.

The United States Trustee Manual Volume 7 – Banking and Bonding provides specific details regarding bonding requirements for private trustees and auctioneers, types of bonds, sufficiency of the surety, selection of the broker/agent and bond clauses.

Private Trustee Handbooks for Chapter 7, Chapter 11, Chapter 11 Subchapter V, Chapter 12 and Chapter 13 define the parameters for each of the various chapters in greater detail.  See links below for handbooks and related materials.    

FRBP 2012 provides procedures when a trustee is substituted for a prior trustee.

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
2010-1(e)
Reference to Local Rules and/or Forms: