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United States Code

11 U.S.C. § 704 — Duties of trustee

Section 704 lists what a bankruptcy trustee must do. Subsection (a) requires the trustee to collect estate property and turn it into money, account for everything received, investigate the debtor's financial affairs, examine claims, and file a final report. Subsection (b) directs the United States trustee to file a statement about whether the case is presumed to be an abuse under section 707(b). Subsection (c) covers child support notices.

After a case is filed, a trustee is the person who actually administers it. Section 704 is the list of jobs that trustee is given by statute, which is why the trustee asks for documents, questions you at the meeting of creditors, and looks closely at what you own. Reading this section tells you what the trustee is required to do and what is outside that role.

What does a bankruptcy trustee actually do?

Subsection (a) is the core list. The trustee collects the property of the estate and reduces it to money, and closes the estate as expeditiously as is compatible with the best interests of parties in interest. The trustee must be accountable for all property received. The trustee investigates the debtor's financial affairs, which is the statutory basis for the questions and document requests you receive. Under (a)(3) the trustee ensures that the debtor performs the intention specified in section 521(a)(2)(B) — the stated plan for property securing a debt. If a purpose would be served, the trustee examines proofs of claim and objects to any claim that is improper. Unless the court orders otherwise, (a)(7) requires the trustee to furnish information about the estate and its administration when a party in interest asks. At the end, (a)(9) requires a final report and a final account filed with the court and the United States trustee. Nothing in this section makes the trustee your representative; the duties run to the estate and to parties in interest.

Can the trustee object to my discharge or to a creditor's claim?

Both are named duties, and they point in different directions. Subsection (a)(5) addresses creditors: if a purpose would be served, the trustee examines proofs of claim and objects to the allowance of any claim that is improper. That is the trustee acting against an overstated or unsupported creditor claim. Subsection (a)(6) addresses the debtor: 'if advisable, oppose the discharge of the debtor.' The statute leaves that to the trustee's judgment and does not list, in this section, the grounds on which a discharge may be denied. The investigation duty in (a)(4) is what generates the information behind either decision. Read together, these show why the trustee's role is neutral rather than aligned with either side — the same officer who challenges a creditor's claim may also examine whether the debtor's discharge should be opposed. Courts, not the trustee, decide the outcome of any objection filed.

What is the abuse statement under section 707(b)?

Subsection (b) applies to a debtor who is an individual, and it assigns the work to the United States trustee, or the bankruptcy administrator if there is one, rather than to the case trustee. Under (b)(1)(A), that office reviews all materials the debtor filed and, not later than 10 days after the date of the first meeting of creditors, files a statement with the court saying whether the case would be presumed to be an abuse under section 707(b). Under (b)(1)(B), the court then has 7 days after receiving that statement to provide a copy to all creditors. Paragraph (b)(2) adds a second deadline. If the office determines the case should be presumed an abuse, and the debtor's current monthly income multiplied by 12 is not less than the applicable state median family income figure described in (b)(2)(A) for a household of one or (b)(2)(B) for a household of two or more, then within 30 days of the earlier statement it must either move to dismiss or convert under section 707(b), or file a statement of reasons why such a motion is not appropriate.

What happens if child support or alimony is owed?

Subsection (a)(10) applies when there is a claim for a domestic support obligation, and it sends you to subsection (c) for what the notice must contain. Under (c)(1)(A), the trustee gives written notice to the holder of that claim, telling them about the claim, about their right to use the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the state where they live, and about their rights to payment of the claim. The notice must include that agency's address and telephone number. Under (c)(1)(B), the trustee also notifies the agency itself and includes the holder's name, address, and telephone number. Under (c)(1)(C), when a discharge is granted under section 727, the trustee sends both the holder and the agency notice of the discharge, the debtor's last recent known address, the last recent known name and address of the debtor's employer, and the name of each creditor holding a claim not discharged under paragraph (2), (4), or (14A) of section 523(a) or reaffirmed under section 524(c). Paragraph (c)(2) lets the holder or the agency request the debtor's last known address from those creditors.

Are there extra duties for a business, a benefit plan, or a health care business?

Yes — three of the paragraphs in subsection (a) apply only in particular situations. Under (a)(8), if the debtor's business is authorized to be operated, the trustee files periodic reports and summaries of the operation with the court, the United States trustee, and any governmental unit responsible for collecting or determining a tax arising out of that operation. Those reports include a statement of receipts and disbursements plus whatever else the United States trustee or the court requires. Under (a)(11), if at the time the case began the debtor, or an entity the debtor designated, served as the administrator of an employee benefit plan as defined in section 3 of the Employee Retirement Income Security Act of 1974, the trustee continues to perform the administrator's obligations. Under (a)(12), if a health care business is being closed, the trustee uses all reasonable and best efforts to transfer patients to an appropriate health care business — one in the vicinity of the closing business, providing substantially similar services, and maintaining a reasonable quality of care.

This summary is our plain-English explanation, written to help you find the right part of the text below. The section itself is the authority — where the two differ, the text controls.

Text of 11 U.S.C. § 704

Reproduced in full from the official source, verified as of July 2026. View it at the source.

(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 shall perform his intention as specified in section 521(a)(2)(B) of this title;

(4) investigate the financial affairs of the debtor;

(5) if a purpose would be served, examine proofs of claims and object to the allowance of any claim that is improper;

(6) if advisable, oppose the discharge of the debtor;

(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 is authorized to be operated, file with the court, with the United States trustee, and with any governmental unit 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 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 trustee;

(10) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c);

(11) if, at the time of the commencement of the case, the debtor (or any entity designated by the debtor) 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 patients from a health care business that is in the process of being closed to an appropriate health care business that—

(A) is in the vicinity of the health care business that is closing;

(B) provides the patient with services that are substantially similar to those provided by the health care business that is in the process of being closed; and

(C) maintains a reasonable quality of care.

(b)(1) With respect to a debtor who is an individual in a case under this chapter—

(A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor's case would be presumed to be an abuse under section 707(b); and

(B) not later than 7 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors.

(2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor's case should be presumed to be an abuse under section 707(b) and the product of the debtor's current monthly income, multiplied by 12 is not less than—

(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; or

(B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals.

(c)(1) In a case described in subsection (a)(10) to which subsection (a)(10) applies, the trustee shall—

(A)(i) provide written notice to the holder of the claim described in subsection (a)(10) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State 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) the address and telephone number of such State child support enforcement agency; and

(iii) include in the notice provided under clause (i) an explanation of the rights of such holder to payment of such claim under this chapter;

(B)(i) provide written notice to such State child support enforcement agency of such claim; and

(ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and

(C) at such time as the debtor is granted a discharge under section 727, provide written notice to such holder and to such State child support enforcement agency of—

(i) the granting of the discharge;

(ii) the last recent known address of the debtor;

(iii) the last recent known name and address of the debtor's employer; and

(iv) the name of each creditor that holds a claim that—

(I) is not discharged under paragraph (2), (4), or (14A) of section 523(a); or

(II) was reaffirmed by the debtor under section 524(c).

(2)(A) The holder of a claim described in subsection (a)(10) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making such disclosure.

(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 and amendment history

Published by the official source alongside the section above. These notes record how the text has changed over time and the reasoning behind those changes. They are not the operative rule — the enacted text is the section itself.

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.

Guides that rely on 11 U.S.C. § 704

Plain-language explanations on this site that cite this section.

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 27, 2026 · Sources verified July 27, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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