The Richmond County, Georgia bankruptcy trustee in may use, sell, or lease property in the debtor’s estate in the ordinary course of business. In addition, a bankruptcy court may permit a trustee to operate the debtor’s business for a certain time when continued operation is in the best interests of the all. For instance, when the farm debtor is in the hog business and the estate is made of hogs of different sizes, the trustee can be ordered to feed the hogs until they attain market weight so as to maximize the amount recovered by the estate. However, if the livestock belonging to a farm debtor is subject to a valid, perfected security interest, the trustee will not, in almost all cases, undertake the further care and feeding of the livestock. Instead, the trustee may abandon the property to limit the estate’s continued responsibility. Even though the appointment of a case trustee is rarely occurs in a chapter 11 proceeding, a party in interest or the United States trustee can seek the appointment of a case trustee or examiner at any time prior to confirmation in a chapter 11 proceeding. The judge, on application by a party in interest or the United States trustee and subsequent to notice and hearing, may order the appointment of a case trustee for cause, including fraud, dishonesty, incompetence, or gross mismanagement, or if such an appointment is in the interest of creditors, any equity security holders, and other interests of the estate.
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