Part II · Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants

Rule 2001. Appointing an Interim Trustee Before the Order for Relief in an Involuntary Chapter 7 Case

Amended December 1, 2024 (current) Contains Deadlines

(a) Appointing an Interim Trustee. After an involuntary Chapter 7 case commences but before an order for relief, the court may, on a party in interest’s motion, order the United States trustee to appoint an interim trustee under § 303(g). The motion must set forth the need for the appointment and may be granted only after a hearing on notice to: • the debtor; • the petitioning creditors; • the United States trustee; and • other parties in interest as the court orders.

(b) Bond Required. An interim trustee may be appointed only if the movant furnishes a bond, in an amount that the court approves, to indemnify the debtor for any costs, attorney’s fees, expenses, and damages allowable under § 303(i).

(c) The Order ’ s Content. The court’s order must state the reason the appointment is needed and specify the trustee’s duties.

(d) The Interim Trustee ’ s Final Report. Unless the court orders otherwise, after the qualification of a trustee selected under § 702, the interim trustee must:

(1) promptly deliver to the trustee all the records and property of the estate that are in the interim trustee’s possession or under its control; and

(2) within 30 days after the trustee qualifies, file a final report and account.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)