(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.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562.)


                      Historical and Revision Notes

                        senate report no. 95-989

    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.