How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6247
Experience:  20 years of professional experience
16823287
Type Your Bankruptcy Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

In a chapter 11 case does the bankruptcy judge have the right

Customer Question

In a chapter 11 case does the bankruptcy judge have the right to appoint a receiver or a manager since the debtor is not taking care of the properties since there is litigations with the debtors husband as they are in middle of a divorce (not to appoint a trustee as I know the judge has the right)
please provide back up papers or cases not yes or no
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.

There is no "quasi trustee" provision under the BK Code; 11 U.S.C section 330(a) (1) ; See Lamie v. U.S. Trustee 540 U.S. 526, 533 (2004).

 

So the answer to your question is that in a chapter 11 the judger does not have the authority to apppoint a receiver or manager ( also known as "responsible person" other than a trustee). There was a court that did it so 20 years agao and the decision was shot down by other judges afterwards and limited in its holding to the facts of that case.

 

For a full discussion see: http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/2008/abi_200805.pdf

 

 

Please click "Accept" so I may get credit for the answer. If you need a clarification, please feel free to ask as there is no additional charge. Also, please know that you should consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you by going to http://www.martindale.com/ or http://www.lawyers.com/ . Thank you.