§ 322. Qualification of trustee
- (a) Except as provided in subsection (b)(1), a person selected under section 701, 702, 703, 1104, 1163, 1202, or 1302 of this title to serve as trustee in a case under this title qualifies if before seven days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful performance of such official duties.
- (1) The United States trustee qualifies wherever such trustee serves as trustee in a case under this title.
- (2) The United States trustee shall determine—
- (A) the amount of a bond required to be filed under subsection (a) of this section; and
- (B) the sufficiency of the surety on such bond.
- (c) A trustee is not liable personally or on such trustee’s bond in favor of the United States for any penalty or forfeiture incurred by the debtor.
- (d) A proceeding on a trustee’s bond may not be commenced after two years after the date on which such trustee was discharged.