2 Collier on Bankruptcy P 303.29

Summary

Although section 303(g) addresses the appointment of an interim trustee in a chapter 7 case, there is no mention in section 303 of the appointment of a trustee in an involuntary chapter 11 case. Despite the absence of any specific reference, a trustee can be appointed in the chapter 11 case prior to the entry of the order for relief, pursuant to section 1104(a).1 An argument can be made that, since section 303(g) refers only to an interim trustee in a chapter 7 case, one can make the negative inference that the appointment of a trustee in a chapter 11 case is precluded. Moreover, if there is ultimately no entry of an order for relief, there is no estate for ...