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TITLE 11BANKRUPTCY
CHAPTER 3CASE ADMINISTRATION
Sub Chapter II Officers
Sec. 325. Effect of vacancy
A vacancy in the office of trustee during a case does not abate any
pending action or proceeding, and the successor trustee shall be
substituted as a party in such action or proceeding.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562.)
Historical and Revision Notes
senate report no. 95-989
Section 325, derived from Bankruptcy Act section 46 [section 74 of
former title 11] and Bankruptcy Rule 221(b), specifies that a vacancy in
the office of trustee during a case does not abate any pending action or
proceeding. The successor trustee, when selected and qualified, is
substituted as a party in any pending action or proceeding.
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