11 USC § 325 - Effect of vacancy

---
identifier: "/us/usc/t11/s325"
source: "usc"
legal_status: "official_legal_evidence"
title: "11 USC § 325 - Effect of vacancy"
title_number: 11
title_name: "BANKRUPTCY"
section_number: "325"
section_name: "Effect of vacancy"
chapter_number: 3
chapter_name: "CASE ADMINISTRATION"
subchapter_number: "II"
subchapter_name: "OFFICERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2562.)"
---


# § 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.)

### 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.