Article 2.9.5 Trustees

(a) Authority

(i) The Trustee in a Case under this Chapter 2.9 is the fiduciary and representative of the Bankruptcy Estate and may perform any action necessary for the performance of their duties.

(ii) The Trustee in a Case under this Chapter 2.9 has capacity to sue and be sued on behalf of the Bankruptcy Estate.

(iii) Except as otherwise provided in this Chapter 2.9, the Trustee, with the court’s approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the Trustee in carrying out the Trustee’s duties under this Chapter 2.9.

(iv) The court may authorize the Trustee to operate the business of the Debtor for a limited period, if such operation is in the best interest of the Bankruptcy Estate or consistent with the orderly liquidation of the Bankruptcy Estate.

(b) Qualification: A person may serve as Trustee in a Case under this Chapter 2.9 only if such person is competent to perform the duties of Trustee and has filed a sufficient bond for the faithful performance of their duties.

(c) Removal: The Court, after notice and a hearing, may remove a Trustee for cause.

(d) Effect of Vacancy: A Trustee vacancy 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.

(e) Compensation: The court will allow reimbursement for actual, necessary expenses and may allow reasonable compensation of the Trustee, payable after Trustee renders such services. Such compensation shall be calculated based on the amounts paid to creditors from the Bankruptcy Estate and payable from the same; and shall not exceed 10 percent of any amounts paid less than $50,000 USD, 5 percent of any amounts paid more than $50,000 but less than $1,000,000 USD and 3 percent of any amounts paid more than $1,000,000 USD.