---
kind: "section"
citation: "11 U.S.C. § 704"
title: "11"
title_heading: "Bankruptcy"
number: "704"
heading: "Duties of trustee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/704"
units:
  - "Chapter 7 — Liquidation"
  - "Subchapter I — Officers and Administration"
---

# §704. Duties of trustee

- (a) The trustee shall—
  - (1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as expeditiously as is compatible with the best interests of parties in interest;
  - (2) be accountable for all property received;
  - (3) ensure that the [debtor](/usc/11/101.md?p=13) shall perform his intention as specified in [section 521(a)(2)(B) of this title](/usc/11/521.md?p=a-2-B);
  - (4) investigate the financial affairs of the [debtor](/usc/11/101.md?p=13);
  - (5) if a purpose would be served, examine proofs of [claims](/usc/11/101.md?p=5) and object to the allowance of any [claim](/usc/11/101.md?p=5) that is improper;
  - (6) if advisable, oppose the discharge of the [debtor](/usc/11/101.md?p=13);
  - (7) unless the court orders otherwise, furnish such information concerning the estate and the estate’s administration as is requested by a party in interest;
  - (8) if the business of the [debtor](/usc/11/101.md?p=13) is authorized to be operated, file with the court, with the [United States](/usc/11/101.md?p=55) trustee, and with any [governmental unit](/usc/11/101.md?p=27) charged with responsibility for collection or determination of any tax arising out of such operation, periodic reports and summaries of the operation of such business, including a statement of receipts and disbursements, and such other information as the [United States](/usc/11/101.md?p=55) trustee or the court requires;
  - (9) make a final report and file a final account of the administration of the estate with the court and with the [United States](/usc/11/101.md?p=55) trustee;
  - (10) if with respect to the [debtor](/usc/11/101.md?p=13) there is a [claim](/usc/11/101.md?p=5) for a [domestic support obligation](/usc/11/101.md?p=14A), provide the applicable notice specified in [subsection (c)](#c);
  - (11) if, at the time of the commencement of the case, the [debtor](/usc/11/101.md?p=13) (or any [entity](/usc/11/101.md?p=15) designated by the [debtor](/usc/11/101.md?p=13)) served as the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan, continue to perform the obligations required of the administrator; and
  - (12) use all reasonable and best efforts to [transfer](/usc/11/101.md?p=54) [patients](/usc/11/101.md?p=40A) from a [health care business](/usc/11/101.md?p=27A) that is in the process of being closed to an appropriate [health care business](/usc/11/101.md?p=27A) that—
    - (A) is in the vicinity of the [health care business](/usc/11/101.md?p=27A) that is closing;
    - (B) provides the [patient](/usc/11/101.md?p=40A) with services that are substantially similar to those provided by the [health care business](/usc/11/101.md?p=27A) that is in the process of being closed; and
    - (C) maintains a reasonable quality of care.
- (b)
  - (1) With respect to a [debtor](/usc/11/101.md?p=13) who is an individual in a case under this chapter—
    - (A) the [United States](/usc/11/101.md?p=55) trustee (or the bankruptcy administrator, if any) shall review all materials filed by the [debtor](/usc/11/101.md?p=13) and, not later than 10 days after the date of the first meeting of [creditors](/usc/11/101.md?p=10), file with the court a statement as to whether the [debtor](/usc/11/101.md?p=13)’s case would be presumed to be an abuse under [section 707(b)](/usc/11/707.md?p=b); and
    - (B) not later than 7 days after receiving a statement under [subparagraph (A)](#b-1-A), the court shall provide a copy of the statement to all [creditors](/usc/11/101.md?p=10).
  - (2) The [United States](/usc/11/101.md?p=55) trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under [paragraph (1)](#b-1), either file a motion to dismiss or convert under [section 707(b)](/usc/11/707.md?p=b) or file a statement setting forth the reasons the [United States](/usc/11/101.md?p=55) trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the [United States](/usc/11/101.md?p=55) trustee (or the bankruptcy administrator, if any) determines that the [debtor](/usc/11/101.md?p=13)’s case should be presumed to be an abuse under [section 707(b)](/usc/11/707.md?p=b) and the product of the [debtor](/usc/11/101.md?p=13)’s [current monthly income](/usc/11/101.md?p=10A), multiplied by 12 is not less than—
    - (A) in the case of a [debtor](/usc/11/101.md?p=13) in a household of 1 [person](/usc/11/101.md?p=41), the [median family income](/usc/11/101.md?p=39A) of the applicable [State](/usc/11/101.md?p=52) for 1 earner; or
    - (B) in the case of a [debtor](/usc/11/101.md?p=13) in a household of 2 or more individuals, the highest [median family income](/usc/11/101.md?p=39A) of the applicable [State](/usc/11/101.md?p=52) for a family of the same number or fewer individuals.
- (c)
  - (1) In a case described in [subsection (a)(10)](#a-10) to which [subsection (a)(10)](#a-10) applies, the trustee shall—
    - (A)
      - (i) provide written notice to the holder of the [claim](/usc/11/101.md?p=5) described in [subsection (a)(10)](#a-10) of such [claim](/usc/11/101.md?p=5) and of the right of such holder to use the services of the [State](/usc/11/101.md?p=52) child support enforcement agency established under sections 464 and 466 of the Social Security Act for the [State](/usc/11/101.md?p=52) in which such holder resides, for assistance in collecting child support during and after the case under this title;
      - (ii) include in the notice provided under [clause (i)](#c-1-A-i) the address and telephone number of such [State](/usc/11/101.md?p=52) child support enforcement agency; and
      - (iii) include in the notice provided under [clause (i)](#c-1-A-i) an explanation of the rights of such holder to payment of such [claim](/usc/11/101.md?p=5) under this chapter;
    - (B)
      - (i) provide written notice to such [State](/usc/11/101.md?p=52) child support enforcement agency of such [claim](/usc/11/101.md?p=5); and
      - (ii) include in the notice provided under [clause (i)](#c-1-B-i) the name, address, and telephone number of such holder; and
    - (C) at such time as the [debtor](/usc/11/101.md?p=13) is granted a discharge under [section 727](/usc/11/727.md), provide written notice to such holder and to such [State](/usc/11/101.md?p=52) child support enforcement agency of—
      - (i) the granting of the discharge;
      - (ii) the last recent known address of the [debtor](/usc/11/101.md?p=13);
      - (iii) the last recent known name and address of the [debtor](/usc/11/101.md?p=13)’s employer; and
      - (iv) the name of each [creditor](/usc/11/101.md?p=10) that holds a [claim](/usc/11/101.md?p=5) that—
        - (I) is not discharged under paragraph [(2)](/usc/11/523.md?p=a-2), [(4)](/usc/11/523.md?p=a-4), or [(14A)](/usc/11/523.md?p=a-14A) of section 523(a); or
        - (II) was reaffirmed by the [debtor](/usc/11/101.md?p=13) under [section 524(c)](/usc/11/524.md?p=c).
  - (2)
    - (A) The holder of a [claim](/usc/11/101.md?p=5) described in [subsection (a)(10)](#a-10) or the [State](/usc/11/101.md?p=52) child support enforcement agency of the [State](/usc/11/101.md?p=52) in which such holder resides may request from a [creditor](/usc/11/101.md?p=10) described in [paragraph (1)(C)(iv)](#c-1-C-iv) the last known address of the [debtor](/usc/11/101.md?p=13).
    - (B) Notwithstanding any other provision of law, a [creditor](/usc/11/101.md?p=10) that makes a disclosure of a last known address of a [debtor](/usc/11/101.md?p=13) in connection with a request made under [subparagraph (A)](#c-2-A) shall not be liable by reason of making such disclosure.

## Source credit

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605; Pub. L. 98–353, title III, §§ 311(a), 474, July 10, 1984, 98 Stat. 355, 381; Pub. L. 99–554, title II, § 217, Oct. 27, 1986, 100 Stat. 3100; Pub. L. 109–8, title I, § 102(c), title II, § 219(a), title IV, § 446(b), title XI, § 1105(a), Apr. 20, 2005, 119 Stat. 32, 55, 118, 192; Pub. L. 111–16, § 2(7), May 7, 2009, 123 Stat. 1607; Pub. L. 111–327, § 2(a)(24), Dec. 22, 2010, 124 Stat. 3560.)

## Notes

### Historical and Revision Notes

### legislative statements

Section 704(8) of the Senate amendment is deleted in the House amendment. Trustees should give constructive notice of the commencement of the case in the manner specified under section 549(c) of title 11.

### senate report no. 95–989

The essential duties of the trustee are enumerated in this section. Others, or elaborations on these, may be prescribed by the Rules of Bankruptcy Procedure to the extent not inconsistent with those prescribed by this section. The duties are derived from section 47a of the Bankruptcy Act [section 75(a) of former title 11].

The trustee’s principal duty is to collect and reduce to money the property of the estate for which he serves, and to close up the estate as expeditiously as is compatible with the best interests of parties in interest. He must be accountable for all property received, and must investigate the financial affairs of the debtor. If a purpose would be served (such as if there are assets that will be distributed), the trustee is required to examine proofs of claims and object to the allowance of any claim that is improper. If advisable, the trustee must oppose the discharge of the debtor, which is for the benefit of general unsecured creditors whom the trustee represents.

The trustee is responsible to furnish such information concerning the estate and its administration as is requested by a party in interest. If the business of the debtor is authorized to be operated, then the trustee is required to file with governmental units charged with the responsibility for collection or determination of any tax arising out of the operation of the business periodic reports and summaries of the operation, including a statement of receipts and disbursements, and such other information as the court requires. He is required to give constructive notice of the commencement of the case in the manner specified under section 342(b).

### Editorial Notes

### References in Text

Section 3 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(11), is classified to section 1002 of Title 29, Labor.

Sections 464 and 466 of the Social Security Act, referred to in subsec. (c)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare.

### Amendments

2010—Subsec. (a)(3). Pub. L. 111–327 substituted “521(a)(2)(B)” for “521(2)(B)”.

2009—Subsec. (b)(1)(B). Pub. L. 111–16 substituted “7 days” for “5 days”.

2005—Pub. L. 109–8, § 102(c)(1), designated existing provisions as subsec. (a).

Subsec. (a)(10). Pub. L. 109–8, § 219(a)(1), added par. (10).

Subsec. (a)(11). Pub. L. 109–8, § 446(b), added par. (11).

Subsec. (a)(12). Pub. L. 109–8, § 1105(a), added par. (12).

Subsec. (b). Pub. L. 109–8, § 102(c)(2), added subsec. (b).

Subsec. (c). Pub. L. 109–8, § 219(a)(2), added subsec. (c).

1986—Par. (8). Pub. L. 99–554, § 217(1), inserted “, with the United States trustee,” after “with the court” and “the United States trustee or” after “information as”.

Par. (9). Pub. L. 99–554, § 217(2), inserted “with the United States trustee” after “court”.

1984—Par. (1). Pub. L. 98–353, § 474, substituted “close such estate” for “close up such estate”.

Pars. (3) to (9). Pub. L. 98–353, § 311(a), added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.

### Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

### Effective Date of 1986 Amendment

Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.