(a) Appointment. At any time following the commencement of an involuntary liquidation case and before an order for relief, the court on written motion of a party in interest may order the appointment of an interim trustee under § 303(g) of the Code. The motion shall set forth the necessity for the appointment and may be granted only after hearing on notice to the debtor, the petitioning creditors, the United States trustee, and other parties in interest as the court may designate.
(b) Bond of Movant. An interim trustee may not be appointed under this rule unless the movant furnishes a bond in an amount approved by the court, conditioned to indemnify the debtor for costs, attorney’s fee, expenses, and damages allowable under § 303(i) of the Code.
(c) Order of Appointment. The order directing the appointment of an interim trustee shall state the reason the appointment is necessary and shall specify the trustee’s duties.
(d) Turnover and Report. Following qualification of the trustee selected under § 702 of the Code, the interim trustee, unless otherwise ordered, shall (1) forthwith deliver to the trustee all the records and property of the estate in possession or subject to control of the interim trustee and, (2) within 30 days thereafter file a final report and account.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991.)
added in current removed in current
Compared to current version (2025).
(a) Appointment. At any time following the commencement of an involuntary liquidation case anding an Interim Trustee. After an involuntary Chapter 7 case commences but before an order for relief, the court on written motion ofmay, on a party in interest may’s motion, order the United States trustee to appointment of an interim trustee under § 303(g) of the Code. The motion shallmust set forth the necessityed 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 may designateorders.
(b) Bond of MovantRequired. An interim trustee may not be appointed under this rule unlessonly if the movant furnishes a bond, in an amount approved by the court, conditionedthat the court approves, to indemnify the debtor for any costs, attorney’s fees, expenses, and damages allowable under § 303(i) of the Code.
(c) The Order of Appoi’ s Contment. The order directing the appointment of an interim trustee shallcourt’s order must state the reason the appointment is necessary and shalleded and specify the trustee’s duties.
(d) Turnover and Report. Followinghe Interim Trustee ’ s Final Report. Unless the court orders otherwise, after the qualification of thea trustee selected under § 702 of the Code, the interim trustee, unless otherwise ordered, shall (1) forthwith must:
(1) promptly deliver to the trustee all the records and property of the estate in possession or subject to control of the interim trusteethat are in the interim trustee’s possession or under its control; and,
(2) within 30 days thereafter 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.)