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Topic: United States Trustee


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In the News (Sat 26 Dec 09)

  
  United States Bankruptcy Courts
Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court.
In most states, the United States trustee is responsible for approving the providers that offer this special pre-bankruptcy briefing, and in the six districts located in Alabama and North Carolina, the bankruptcy administrator assigned to those districts approve them.
The United States trustee and the bankruptcy administrators maintain a list of approved providers.
www.uscourts.gov /bankruptcycourts.html   (302 words)

  
  Federal Rules of Bankruptcy Procedure - Part II
An interim trustee may not be appointed under this rule unless the movant furnishes a bond in an amount approved by the court, conditioned to indemnify the debtor for costs, attorney's fee, expenses, and damages allowable under ยง 303(i) of the Code.
A proceeding on the trustee's bond may be brought by any party in interest in the name of the United States for the use of the entity injured by the breach of the condition.
If a trustee is appointed in a chapter 11 case or the debtor is removed as debtor in possession in a chapter 12 case, the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.
www.doney.net /code_rules_ii.htm   (4595 words)

  
 07/24/96 Oversight Hearing on the United States Trustee Program
As a fiduciary, the trustee is held to a high standard, accountable to all of the beneficiaries of the trust and subject to the jurisdiction of the court 2.
A trustee is an advocate, statutorily charged with the responsibility to litigate in bankruptcy cases as a party in interest, advocated for the un-and under-represented.
If the United States Trustee perceives that a fiduciary is acting in a manner inconsistent with the fiduciary responsibilities, the U.S. Trustee has an obligation to challenge the reasonableness and necessity of such expenditures and conduct before the Bankruptcy Court, the Court to whom such action is directed.
judiciary.house.gov /judiciary/508.htm   (2729 words)

  
 [No title]
United States trustees -STATUTE- (a) The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island.
(21) The judicial districts established for the States of Alabama, Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States.
On the expiration of his term, a United States trustee shall continue to perform the duties of his office until his successor is appointed and qualifies.
uscode.house.gov /download/pls/28C39.txt   (4522 words)

  
 United States Trustee Program - Wikipedia, the free encyclopedia
The United States Trustee Program is an agency of the United States Department of Justice that is responsible for overseeing the administration of bankruptcy cases and private trustees.
Generally the interim trustee is assigned at random from a "panel" of qualified individuals at the time a bankruptcy case is filed, and is automatically appointed as the "permanent" case trustee after the first meeting of creditors.
Attorneys employed by the Trustee represent the office in United States bankruptcy court and pursue civil sanctions for some egregious violations of the law in Chapter 7, 12 and 13 cases.
en.wikipedia.org /wiki/United_States_Trustee   (591 words)

  
 Federal Rules of Bankruptcy Procedure
United States trustee and to any committee elected under § 705 or appointed under § 1102 of the Code, trustee, examiner, or other party as the court may direct.
United States trustee shall tabulate the votes for each alternative presented by the dispute and, if resolution of such dispute is necessary to determine the result of the election, the tabulations for each alternative shall be reported to the court.
United States trustee shall promptly file a report stating that the election is disputed, informing the court of the nature of the dispute, and listing the name and address of any candidate elected under any alternative presented by the dispute.
chrome.law.cornell.edu /rules/frbp/rules.htm   (12453 words)

  
 US CODE--TITLE 11--APPENDIX
The duties of the United States trustee pursuant to the Code and 28 U.S.C. § 586(a) require that the United States trustee be apprised of the commencement of every case under chapters 7, 11, 12 and 13 and this is most easily accomplished by providing that office with a copy of the petition.
In a chapter 7 case, the United States trustee should be aware of the debtor's intention with respect to collateral that secures a consumer debt so that the United States trustee may monitor the progress of the case.
The United States trustee may appear and be heard on issues relating to the transfer of the case or dismissal due to improper venue.
www.access.gpo.gov /uscode/title11a/11a_1_2_.html   (13581 words)

  
 BANKRUPTCY RULES - 2001 - 2020 - TEXT   (Site not responding. Last check: 2007-10-19)
The application shall state the name of the person appointed and, to the best of the applicant's knowledge, all the person's connections with the debtor, creditors, any other parties in interest, their respective attorney and accountantss, the United States trustee, and persons employed in the office of the United States trustee.
The application shall be accompanied by a verified statement of the person appointed setting forth the person's connections with the debtor, creditors, any other party in interest, their respective attorney and accountantss, the United States trustee, and any person employed in the office of the United States trustee.
Except in a case governed by subchapter V of chapter 7, the United States trustee may appoint one or more interim trustees for estates being jointly administered in chapter 7 cases.
www.weberlaw.com /BAPCPA/frbp-02.htm   (4492 words)

  
 Federal Rules of Bankruptcy Procedure Part II
In a chapter 7 case, if the election of a trustee or a member of a creditors' committee is not disputed, the United States trustee shall promptly file a report of the election, including the name and address of the person or entity elected and a statement that the election is undisputed.
No later than the date on which the report is filed, the United States trustee shall mail a copy of the report to any party in interest that has made a request to recieve a copy of the report.
Unless a motion for the resolution of the dispute is filed no later than 10 days after the United States trustee files a report of a disputed election for trustee, the interim trustee shall serve as a trustee in the case.
www.debt-settlement-inc.com /USCode/Federal_Rules_Bankruptcy_PII.asp   (5242 words)

  
 Bankruptcy Info
The United States Trustee establishes a panel of qualified individuals to be appointed to cases on a fair and equitable basis.
The United States Trustee may not discriminate on the basis of race, color, religion, sex, national origin, or age in appointments to the panel, and, in this regard, must assure equal opportunity for all appointees and applicants.
In addition, each United States Trustee is authorized to institute a system of rotation of membership or the like to achieve diversity of experience, geographical distribution or other characteristics among the persons on the panel.
www.kirschenbaumesq.com /trustee2.htm   (1282 words)

  
 LAWDOG Bankruptcy: Duties Of Trustee
The United States trustee determines the amount and sufficiency of such bond, and is qualified to serve as a case trustee without bond requirements.
A trustee is not liable personally or on such trustee's bond in favor of the United States for any penalty or forfeiture incurred by the debtor.
A case trustee is required in a Chapter 7 case, because the property must be gathered and liquidated.
www.lawdog.com /bkrcy/lib2a4.htm   (570 words)

  
 Notices to Creditors, Equity Security Holders, United States and United States Trustee
Subdivision (i) is amended to require that the United States trustee receive notices required by subdivision (a)(2), (3) and (7) of this rule notwithstanding a court order limiting such notice to committees and to creditors and equity security holders who request such notices.
The administrative functions of the United States trustee pursuant to 28 U.S.C. § 586(a) and standing to be heard on issues under § 307 and other sections of the Code require that the United States trustee be informed of developments and issues in every case except chapter 9 cases.
Paragraph (f)(8) is amended so that a summary of the trustee's final account, which is prepared after distribution of property, does not have to be mailed to the debtor, all creditors, and indenture trustees in a chapter 7 case.
www.touchngo.com /lglcntr/usdc/frbp/2002.htm   (3780 words)

  
 Role of United States Trustee   (Site not responding. Last check: 2007-10-19)
The Office of the United States Trustee ("UST") oversees the administration of the bankruptcy laws on behalf of the Attorney General of the United States.
The UST has standing to raise any issue and be heard in any case under the bankruptcy code.
Among the Trustee's duties are selecting and supervising the panel of case trustees, monitoring the progress of chapter 11 reorganization proceedings, monitoring applications for compensation, and notifying the United States Attorney of suspected bankruptcy crimes.
www.nmcourt.fed.us /web/BCDOCS/Files/starzynski/ust.html   (117 words)

  
 U.S. Bankruptcy Court - Northern District of Indiana - U.S. Trustees
The Office of the United States trustee is the component agency of the United States Department of Justice which supervises the administration of chapter 7, 11, 12 and 13 bankruptcy cases and trustees pursuant to 28 U.S.C. 586(a)(3).
The United States Trustee Program is responsible for monitoring the progress of bankruptcy cases and preventing fraud, dishonesty, and overreaching in the bankruptcy arena.
The Office of the United States Trustee for the Northern District of Indiana is located in South Bend.
www.innb.uscourts.gov /ustrustee.htm   (201 words)

  
 U.S. Trustee Program/Dept. of Justice
The United States Trustee Program is a component of the Department of Justice that seeks to promote the efficiency and protect the integrity of the Federal bankruptcy system.
For more information regarding Chapter 11 quarterly fees, please contact the Office of the United States Trustee in the judicial district where the case was filed.
A "standing trustee" appointed by the United States Trustee under 28 U.S.C. §586(b) typically serves as the trustee of the debtor's estate pending fulfillment of the debtor's repayment obligations under a plan confirmed by the U.S. Bankruptcy Court where the case was filed.
www.usdoj.gov /ust/eo/ust_org/about_ustp.htm   (1159 words)

  
 07/24/96 Oversight Hearing on the United States Trustee Program
I am joined by Clarkson McDow, United States Trustee for Region IV (South Carolina, Virginia, West Virginia, the District of Columbia, and Maryland), and Scott Michel, United States Trustee for Region XI (Northern Illinois and Wisconsin).
The United States Trustee Program is the first line of defense of the bankruptcy system's integrity, and it will be vigilant in assuring that fraud and abuse does not contribute to the increase in filings.
An advisory board consisting of judges and United States Trustees was created to review comments and hear presentations on proposed policy changes, and suggest revisions to the Director based on its deliberations.
judiciary.house.gov /judiciary/507.htm   (2091 words)

  
 Section 4 - Chapter 11 Guidelines   (Site not responding. Last check: 2007-10-19)
These Guidelines are issued to assist debtors who, as debtors in possession, perform the functions and duties of the trustee of the estate pursuant to 11 U.S.C. § 1107, their attorneys, and, where appropriate, trustees in satisfying their statutory duties and to aid in the administration of cases.
If the United States Trustee declines to approve the form proposed by Debtor, Debtor may apply to the Court, on notice to the United States Trustee, for authority to submit an alternate form of financial report.
I declare under penalty of perjury under the laws of the United States that this report and the documents attached hereto are true and correct.
www.canb.uscourts.gov /canb/trustee.nsf/0/53f1fc6f2745952788256af40071ebdc?OpenDocument   (1696 words)

  
 United States Trustee Program Mourns Death of...   (Site not responding. Last check: 2007-10-19)
Simmons' accomplishments as U.S. Trustee include spearheading the Program's training efforts for a number of years, helping to craft a national initiative to enhance the Chapter 7 case closing process, and strengthening the case reporting requirements for Chapter 13 trustees.
Before his first appointment as U.S. Trustee, he was a partner with the Houston law firm of Nathan, Wood and Sommers, where he worked for 12 years.
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.
releases.usnewswire.com /GetRelease.asp?id=68976   (324 words)

  
 UNITED STATES BANKRUPTCY COURT
The motion alleged that Rittenhouse's representation of the Debtor was improper, because Rittenhouse was not admitted to the State Bar of Michigan and was not authorized to practice law in the state.
In 1994, however, Rittenhouse was authorized to appear before the United States District Court and the United States Bankruptcy Court for the Western District of Michigan.
On June 4, 2001, the United States Trustee ("UST") filed its Motion for the Imposition of Civil Contempt Sanctions Upon Allan J. Rittenhouse.
www.michbar.org /opinions/district/2001/100901/12776.html   (2651 words)

  
 LAMIE V. UNITED STATES TRUSTEE   (Site not responding. Last check: 2007-10-19)
Petitioner admitted he was not employed by the trustee and approved by the court under §327, but nonetheless contended §330(a) authorized a fee award to him because he was a debtor’s attorney.
If the attorney is to be paid from estate funds under §330(a)(1) in a chapter 7 case, he must be employed by the trustee and approved by the court.
United States, 270 U.S. This Court’s unwillingness to soften the import of Congress’ chosen words even if it believes the words lead to a harsh outcome is longstanding.
supct.law.cornell.edu /supct/html/02-693.ZS.html   (1019 words)

  
 LAWDOG Bankruptcy: More Detail On Duties Of Trustee & 341 Meeting
(a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case.
Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case.
Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor.
www.lawdog.com /bkrcy/bkct13b.htm   (1460 words)

  
 U.S. Trustee Program/Dept. of Justice
The United States Trustee Program is the component of the Department of Justice responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. § 586 and 11 U.S.C. § 101, et seq.
It consists of an Executive Office for U.S. Trustees (EOUST) in Washington, DC; 21 regional U.S. Trustees; and 95 field offices.
The Director of the Executive Office for United States Trustees recently issued its first annual Report to Congress on the Program's criminal referral activity for fiscal year 2006.
www.usdoj.gov /ust   (355 words)

  
 MdLaw.net; Local Rules; UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND; Local Rules
If the trustee election is not disputed, the United States Trustee must promptly file a report of the election, stating the name and address of the person elected and a statement that the election is undisputed.
If the election is disputed, the United States Trustee must promptly file a report stating that the election is disputed, informing the Court of the nature of the dispute, and listing the name and address of any candidate elected under any alternative presented by the dispute.
The application must be accompanied by a verified statement of the person appointed stating the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States Trustee, and any person employed in the office of the United States Trustee.
www.mdlaw.net /rules/g.htm   (9701 words)

  
 Important information from the United States Trustee
The amended petition must be provided to the trustee, the United States Trustee, and served on all creditors.
If an amended petition is not provided to the trustee and the United States Trustee within 10 days of the meeting of creditors, the United States Trustee will file for dismissal or other appropriate action.
The United States Trustee believes that it is important to verify social security numbers to protect innocent third parties from both the intentional or inadvertent use of their social security numbers and to prevent bankruptcy fraud.
www.kyeb.uscourts.gov /ustrustee.htm   (544 words)

  
 LAMIE v. UNITED STATES TRUSTEE, 540 U.S. 526 -- US Supreme Court Cases from Justia & Oyez
It argued that §330(a) makes no provision for the estate to compensate an attorney who is not employed by the estate trustee and approved by the court under §327.
Petitioner admitted he was not employed by the trustee and approved by the court under §327, but nonetheless contended §330(a) authorized a fee award to him because he was a debtor's attorney.
If the attorney is to be paid from estate funds under §330(a)(1) in a chapter 7 case, he must be employed by the trustee and approved by the court.
supreme.justia.com /us/540/526   (483 words)

  
 U.S Trustee Information
The United States Trustee Program is a component of the United States Department of Justice.
Among other duties set forth in 28 U.S.C. § 586, the United States Trustee appoints and supervises trustees and monitors the administration of cases under chapters 7, 11, 12, and 13 of the United States Bankruptcy Code.
Information concerning the office of the U.S. Trustee for Region 21, which includes the State of Georgia, appears below, followed by directions to locations at which meetings of creditors are held pursuant to section 341 of the Bankruptcy Code.
www.ganb.uscourts.gov /geninfo/trustee/trustee.html   (352 words)

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