Case Summary:
Debtors filed an “Affidavit in Support” containing several requests. One of the requests was that the Chapter 7 Trustee in their case be removed due to an alleged conflict of interest. The United States Trustee objected to the removal of the Trustee, and the Court scheduled a hearing for December 3. The scheduling order provided that any supplement to Debtors’ response was due on November 25. No response or supplement was filed. At the December 3 hearing, Mrs. Sloniker requested that the hearing be canceled or rescheduled, which the Court denied. The Court denied the Debtors’ request to remove the Trustee. Bankruptcy trustees have duties outlined in Code section 704 and can only be removed for “cause” under section 324. The Debtors fail to state any cause for removal other than conclusory allegations that there was a conflict of interest. Debtors further requested that the Court grant the Debtors time to file a complaint with the Office of Lawyer Regulation. The Court explained that it lacked jurisdiction over that claim.

Statutes and Rules:
11 U.S.C. § 324 -- Removal of Trustee
11 U.S.C. § 704 -- Duties of Trustee
28 U.S.C. § 157 -- Jurisdiction
28 U.S.C. § 1334 -- Bankruptcy Cases and Proceedings

Key Terms:
Jurisdiction
Removal of Trustee