---
kind: "section"
citation: "11 U.S.C. § 325"
title: "11"
title_heading: "Bankruptcy"
number: "325"
heading: "Effect of vacancy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/325"
units:
  - "Chapter 3 — Case Administration"
  - "Subchapter II — Officers"
---

# §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.


## Source credit

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)

## Notes

### 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.