cfr_sections
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34 rows where part_number = 58 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:2.0.1.1.15.0.1.1 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.1 Authorization to establish panels of private trustees. | DOJ | [Order No. 921-80, 45 FR 82631, Dec. 16, 1980, as amended at 62 FR 30183, June 2, 1997] | (a) Each U.S. Trustee is authorized to establish a panel of private trustees (the “panel”) pursuant to 28 U.S.C. 586(a)(1). (b) Each U.S. Trustee is authorized, with the approval of the Director, Executive Office for United States Trustees (the “Director”) to increase or decrease the total membership of the panel. In addition, each U.S. Trustee, with the approval of the Director, 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. | ||||||
| 28:28:2.0.1.1.15.0.1.10 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.12 Definitions. | DOJ | [78 FR 16150, Mar. 14, 2013] | (a) The following definitions apply to §§ 58.12 through and including 58.24 of this Part and the applications and other materials agencies submit in an effort to establish they meet the requirements necessary to become an approved nonprofit budget and credit counseling agency. (b) These terms shall have these meanings: (1) The term “accreditation” means the recognition or endorsement that an accrediting organization bestows upon an agency because the accrediting organization has determined the agency meets or exceeds all the accrediting organization's standards; (2) The term “accrediting organization” means either an entity that provides accreditation to agencies or provides certification to counselors, provided, however, that an accrediting organization shall: (i) Not be an agency or affiliate of any agency; and (ii) Be deemed acceptable by the United States Trustee; (3) The term “adequate counseling” means the actual receipt by a client from an approved agency of all counseling services, and all other applicable services, rights, and protections specified in: (i) 11 U.S.C. 109(h); (ii) 11 U.S.C. 111; and (iii) This part; (4) The term “affiliate of an agency” includes: (i) Every entity that is an affiliate of the agency, as the term “affiliate” is defined in 11 U.S.C. 101(2), except that the word “agency” shall be substituted for the word “debtor” in 11 U.S.C. 101(2); (ii) Each of an agency's officers and each of an agency's directors; and (iii) Every relative of an agency's officers and every relative of an agency's directors; (5) The term “agency” and the term “budget and credit counseling agency” shall each mean a nonprofit organization that is applying under this part for United States Trustee approval to be included on a publicly available list in one or more United States district courts, as authorized by 11 U.S.C. 111(a)(1), and shall also mean, whenever appropriate, an approved agency; (6) The term “application” means the application and related forms, including appendices, approved by the … | ||||||
| 28:28:2.0.1.1.15.0.1.11 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.13 Procedures all agencies shall follow when applying to become approved agencies. | DOJ | [78 FR 16150, Mar. 14, 2013] | (a) An agency applying to become an approved agency shall obtain an application, including appendices, from the United States Trustee. (b) The agency shall complete the application, including its appendices, and attach the required supporting documents requested in the application. (c) The agency shall submit the original of the completed application, including completed appendices and the required supporting documents, to the United States Trustee at the address specified on the application form. (d) The application shall be signed by an agency representative who is authorized under applicable law to sign on behalf of the applying agency. (e) The signed application, completed appendices, and required supporting documents shall be accompanied by a writing, signed by the signatory of the application and executed on behalf of the signatory and the agency, certifying the application does not: (1) Falsify, conceal, or cover up by any trick, scheme or device a material fact; (2) Make any materially false, fictitious, or fraudulent statement or representation; or (3) Make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. (f) The United States Trustee shall not consider an application, and it may be returned if: (1) It is incomplete; (2) It fails to include the completed appendices or all of the required supporting documents; or (3) It is not accompanied by the certification identified in paragraph (e) of this section. (g) The United States Trustee shall not consider an application on behalf of an agency, and it shall be returned if: (1) It is submitted by any entity other than the agency; or (2) Either the application or the accompanying certification is executed by any entity other than an agency representative who is authorized under applicable law to sign on behalf of the agency. (h) By the act of submitting an application, an agency consents to the release and disclosure of its name, contact information, and non-confid… | ||||||
| 28:28:2.0.1.1.15.0.1.12 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.14 Automatic expiration of agencies' status as approved agencies. | DOJ | [78 FR 16150, Mar. 14, 2013] | (a) Except as provided in § 58.15(c), if an approved agency was not an approved agency immediately prior to the date it last obtained approval to be an approved agency, such an approved agency shall cease to be an approved agency six months from the date on which it was approved unless the United States Trustee approves an additional one year period. (b) Except as provided in § 58.15(c), if an approved agency was an approved agency immediately prior to the date it last obtained approval to be an approved agency, such an agency shall cease to be an approved agency one year from the date on which it was last approved to be an approved agency unless the United States Trustee approves an additional one year period. | ||||||
| 28:28:2.0.1.1.15.0.1.13 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.15 Procedures all approved agencies shall follow when applying for approval to act as an approved agency for an additional one year period. | DOJ | [78 FR 16152, Mar. 14, 2013] | (a) To be considered for approval to act as an approved agency for an additional one year term, an approved agency shall reapply by complying with all the requirements specified for agencies under 11 U.S.C. 109(h) and 111, and under this part. (b) Such an agency shall apply no later than 45 days prior to the expiration of its six month probationary period or annual period to be considered for approval for an additional one year period, unless a written extension is granted by the United States Trustee. (c) An approved agency that has complied with all prerequisites for applying to act as an approved agency for an additional one year period may continue to operate as an approved agency while its application is under review by the United States Trustee, so long as either the application for an additional one year period is timely submitted, or an agency receives a written extension from the United States Trustee. | ||||||
| 28:28:2.0.1.1.15.0.1.14 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.16 Renewal for an additional one year period. | DOJ | [78 FR 16152, Mar. 14, 2013] | If an approved agency's application for an additional one year period is approved, such renewal period shall begin to run from the later of: (a) The day after the expiration date of the immediately preceding approval period; or (b) The actual date of approval of such renewal by the United States Trustee. | ||||||
| 28:28:2.0.1.1.15.0.1.15 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.17 Mandatory duty of approved agencies to notify United States Trustees of material changes. | DOJ | [78 FR 16152, Mar. 14, 2013] | (a) An approved agency shall immediately notify the United States Trustee in writing of any material change. (b) An approved agency shall immediately notify the United States Trustee in writing of any failure by the approved agency to comply with any standard or requirement specified in 11 U.S.C. 109(h) or 111, this part, or the terms under which the United States Trustee approved it to act as an approved agency. (c) An approved agency shall immediately notify the United States Trustee in writing of any of the following events: (1) Notification by the Internal Revenue Service or by a state or local taxing authority that the approved agency has been selected for audit or examination regarding its tax-exempt status, or any notification of a compliance check by the Internal Revenue Service or by a state or local taxing authority; (2) Revocation or termination of the approved agency's tax-exempt status by any governmental unit or by any judicial officer; (3) Cessation of business by the approved agency or by any office of the agency, or withdrawal from any federal judicial district(s) where the approved agency is approved; (4) Any investigation of, or any administrative or judicial action brought against, the approved agency by any governmental unit; (5) Termination or cancellation of any surety bond or fidelity insurance; (6) Any administrative or judicial action brought by any entity that seeks recovery against a surety bond or fidelity insurance; (7) Any action by a governmental unit or a court to suspend or revoke the approved agency's articles of incorporation, or any license held by the approved agency, or any authorization necessary to engage in business; (8) A suspension, or action to suspend, any accreditation held by the approved agency, or any withdrawal by the approved agency of any application for accreditation, or any denial of any application of the approved agency for accreditation; (9) A change in the approved agency's nonprofit status under any applicable law; (10) Any change in the bank… | ||||||
| 28:28:2.0.1.1.15.0.1.16 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.18 Mandatory duty of approved agencies to obtain prior consent of the United States Trustee before taking certain actions. | DOJ | [78 FR 16153, Mar. 14, 2013] | (a) By accepting the designation to act as an approved agency, an agency agrees to obtain approval from the United States Trustee, prior to making any of the following changes: (1) Cancellation or change in the amount of the surety bond or employee fidelity bond or insurance; (2) The engagement of an independent contractor to provide counseling services or to have access to, possession of, or control over client funds; (3) Any increase in the fees, contributions, or payments received from clients for counseling services or a change in the agency's fee policy; (4) Expansion into additional federal judicial districts; (5) Any changes to the method of delivery the approved agency employs to provide counseling services; or (6) Any changes in the approved agency's counseling services. (b) An agency applying to become an approved agency shall also obtain approval from the United States Trustee before taking any action specified in paragraph (a) of this section. It shall do so by submitting an amended application. The agency's amended application shall be accompanied by a contemporaneously executed writing, signed by the signatory of the application, that makes the certifications specified in § 58.13(e). (c) An approved agency shall not transfer or assign its United States Trustee approval to act as an approved agency. | ||||||
| 28:28:2.0.1.1.15.0.1.17 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.19 Continuing requirements for becoming and remaining approved agencies. | DOJ | [78 FR 16153, Mar. 14, 2013] | (a) To become an approved agency, an agency must affirmatively establish, to the satisfaction of the United States Trustee, that the agency at the time of approval: (1) Satisfies every requirement of this part; and (2) Provides adequate counseling to its clients. (b) To remain an approved agency, an approved agency shall affirmatively establish, to the satisfaction of the United States Trustee, that the approved agency: (1) Has satisfied every requirement of this part; (2) Has provided adequate counseling to its clients; and (3) Would continue to satisfy both paragraphs (b)(1) and (2) of this section in the future. | ||||||
| 28:28:2.0.1.1.15.0.1.18 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.20 Minimum qualifications agencies shall meet to become and remain approved agencies. | DOJ | [78 FR 16153, Mar. 14, 2013] | To meet the minimum qualifications set forth in § 58.19, and in addition to the other requirements set forth in this part, agencies and approved agencies shall comply with paragraphs (a) through (p) of this section on a continuing basis: (a) Compliance with all laws. An agency shall comply with all applicable laws and regulations of the United States and each state in which the agency provides counseling services including, without limitation, all laws governing licensing and registration. (b) Prohibition on legal advice. An agency shall not provide legal advice. (c) Structure and organization. An agency shall: (1) Be lawfully organized and operated as a nonprofit entity; and (2) Have a board of directors, the majority of which: (i) Are not relatives; (ii) Are not employed by such agency; and (iii) Will not directly or indirectly benefit financially from the outcome of the counseling services provided by such agency. (d) Ethical standards. An agency shall: (1) Not engage in any conduct or transaction, other than counseling services, that generates a direct or indirect financial benefit for any member of the board of directors or trustees, officer, supervisor, or any relative thereof; (2) Ensure no member of the board of directors or trustees, officer, or supervisor receives any commissions, incentives, bonuses, or benefits (monetary or non-monetary) of any kind that are directly or indirectly based on the financial or legal decisions any client makes after requesting counseling services; (3) Ensure no member of the board of directors or trustees, officer or supervisor is a relative of an employee of the United States Trustee, a trustee appointed under 28 U.S.C. 586(a)(1) or (b) for any federal judicial district where the agency is providing or is applying to provide counseling services, a federal judge in any federal judicial district where the agency is providing or is applying to provide counseling services, a federal court employee in any federal judicial district where the agency is provid… | ||||||
| 28:28:2.0.1.1.15.0.1.19 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.21 Minimum requirements to become and remain approved agencies relating to fees. | DOJ | [78 FR 16153, Mar. 14, 2013] | (a) If a fee for, or relating to, credit counseling services is charged by an agency, such fee shall be reasonable: (1) A fee of $50 or less for credit counseling services is presumed to be reasonable and an agency need not obtain prior approval of the United States Trustee to charge such a fee; (2) A fee exceeding $50 for credit counseling services is not presumed to be reasonable and an agency must obtain prior approval from the United States Trustee to charge such a fee. The agency bears the burden of establishing that its proposed fee is reasonable. At a minimum, the agency must demonstrate that its cost for delivering such services justify the fee. An agency that previously received permission to charge a higher fee need not reapply for permission to charge that fee during the agency's annual review. Any new requests for permission to charge more than previously approved, however, must be submitted to EOUST for approval; and (3) The United States Trustee shall review the amount of the fee set forth in paragraphs (a)(1) and (2) of this section one year after the effective date of this part and then periodically, but not less frequently than every four years, to determine the reasonableness of the fee. Fee amounts and any revisions thereto shall be determined by current costs, using a method of analysis consistent with widely accepted accounting principles and practices, and calculated in accordance with the provisions of federal law as applicable. Fee amounts and any revisions thereto shall be published in the Federal Register. (b)(1) An agency shall waive the fee in whole or in part whenever a client demonstrates a lack of ability to pay the fee. (i) A client presumptively lacks the ability to pay the fee if the client's household current income is less than 150 percent of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), as adjusted from time to time, for a household or family of the size … | ||||||
| 28:28:2.0.1.1.15.0.1.2 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.2 Authorization to appoint standing trustees. | DOJ | [51 FR 44288, Dec. 9, 1986] | Each U.S. Trustee is authorized, subject to the approval of the Deputy Attorney General, or his delegate, to appoint and remove one or more standing trustees to serve in cases under chapters 12 and 13 of title 11, U.S. Code. | ||||||
| 28:28:2.0.1.1.15.0.1.20 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.22 Minimum requirements to become and remain approved agencies relating to certificates. | DOJ | [78 FR 16153, Mar. 14, 2013] | (a) An approved agency shall send a certificate only to the client who took and completed the counseling services, except that an approved agency shall instead send a certificate to the attorney of a client who took and completed counseling services if the client specifically directs the agency to do so. In the case of Internet counseling and automated telephone counseling, counseling is not complete until the client has engaged in interaction with a counselor, whether by electronic mail, live chat, or telephone, following the automated portion of the counseling session. (b) An approved agency shall attach to the certificate the client's debt repayment plan (if any). (c) An approved agency shall send a certificate to a client no later than one business day after the client completed counseling services. If a client has completed counseling services, an agency may not withhold certificate issuance for any reason. An agency may not consider counseling services incomplete based solely on the client's failure to pay the fee. (d) If an approved agency provides other financial counseling in addition to counseling services, and such other financial counseling satisfies the requirements for counseling services specified in 11 U.S.C. 109(h) and 111, and this part, a person completing such other financial counseling is a client and the approved agency shall send a certificate to the client no later than one business day after the client's request. The approved agency shall not charge the client any additional fee except any separate fee charged for the issuance of the certificate, in accordance with § 58.20(l)(1). (e) An approved agency shall issue certificates only in the form approved by the United States Trustee, and shall generate the form using the Certificate Generating System maintained by the United States Trustee, except under exigent circumstances with notice to the United States Trustee. (f) An approved agency shall have sufficient computer capabilities to issue certificates from the United States Trustee's… | ||||||
| 28:28:2.0.1.1.15.0.1.21 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.23 Minimum financial requirements and bonding and insurance requirements for agencies offering debt repayment plans. | DOJ | [78 FR 16153, Mar. 14, 2013] | If an agency offers or has offered debt repayment plans, an agency shall possess adequate financial resources to provide continuing support services for such plans over the life of any debt repayment plan, and provide for the safekeeping of client funds, which shall include: (a) Depositing all client funds into a deposit account, held in trust, at a federally insured depository institution. Each such trust account shall be established in a fiduciary capacity and shall be in full compliance with federal law such that each client's funds shall be protected by federal deposit insurance up to the maximum amount allowable by federal law. (b) Keeping and maintaining books, accounts, and records to provide a clear and readily understandable record of all business conducted by the agency, including without limitation, all of the following: (1) Separate files for each client's account that include copies of all correspondence with or on behalf of the client, including: (i) All agreements with all entities, including the contract between the agency and the client and any amendments thereto; (ii) The analysis of the client's budget; (iii) Correspondence between the agency and the client's creditors; (iv) The notice given to creditors of any debt repayment plan; and (v) All written statements of account provided to the client and subsidiary ledgers concerning any debt repayment plan; (2) A trust account general ledger reflecting all deposits to and disbursements from all trust accounts, which shall be kept current at all times; (3) A reconciliation of the trust accounts, prepared at least once a month; and (4) An operating account general ledger reflecting all of the agency's financial transactions involving the agency's operating account, which shall be kept current at least on a monthly basis. (c) Allowing an independent certified public accounting firm to audit the trust accounts annually in accordance with generally accepted accounting principles as defined by the American Institute of Certified Public Accoun… | ||||||
| 28:28:2.0.1.1.15.0.1.22 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.24 Procedures for obtaining final agency action on United States Trustees' decisions to deny agencies' applications and to remove approved agencies from the approved list. | DOJ | [78 FR 16153, Mar. 14, 2013] | (a) The United States Trustee shall remove an approved agency from the approved list whenever an approved agency requests its removal in writing. (b) The United States Trustee may issue a decision to remove an approved agency from the approved list, and thereby terminate the approved agency's authorization to provide counseling services, at any time. (c) The United States Trustee may issue a decision to deny an agency's application or to remove an agency from the approved list whenever the United States Trustee determines that the agency has failed to comply with the standards or requirements specified in 11 U.S.C. 109(h) or 111, this part, or the terms under which the United States Trustee designated it to act as an approved agency, including, but not limited to, finding any of the following: (1) The agency is not employing adequate procedures for safekeeping of client funds or paying client funds, which could result in a loss to a client; (2) The agency's surety bond has been canceled; (3) Any entity has revoked the agency's nonprofit status, even if that revocation is subject to further administrative or judicial litigation, review or appeal; (4) Any entity has suspended or revoked the agency's license to do business in any jurisdiction; or (5) Any United States district court has removed the agency under 11 U.S.C. § 111(e). (d) If the Internal Revenue Service revokes an agency's tax exempt status, the United States Trustee shall promptly commence an investigation to determine whether any of the factors set forth in paragraphs (c)(1) through (5) of this section exist. (e) The United States Trustee shall provide to the agency in writing a notice of any decision either to: (1) Deny the agency's application; or (2) Remove the agency from the approved list. (f) The notice shall state the reason(s) for the decision and shall reference any documents or communications relied upon in reaching the denial or removal decision. To the extent authorized by law, the United States Trustee shall provide to the age… | ||||||
| 28:28:2.0.1.1.15.0.1.23 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.25 Definitions. | DOJ | [78 FR 16170, Mar. 14, 2013] | (a) The following definitions apply to §§ 58.25 through and including 58.36 of this part, as well as the applications and other materials providers submit in an effort to establish they meet the requirements necessary to become an approved provider of a personal financial management instructional course. (b) These terms shall have these meanings: (1) The term “accreditation” means the recognition or endorsement that an accrediting organization bestows upon a provider because the accrediting organization has determined the provider meets or exceeds all the accrediting organization's standards; (2) The term “accrediting organization” means either an entity that provides accreditation to providers or provides certification to instructors, provided, however, that an accrediting organization shall: (i) Not be a provider or affiliate of any provider; and (ii) Be deemed acceptable by the United States Trustee; (3) The term “affiliate” means: (i) Every entity that is an affiliate of the provider, as the term “affiliate” is defined in 11 U.S.C. 101(2), except that the word “provider” shall be substituted for the word “debtor” in 11 U.S.C. 101(2); (ii) Each of a provider's officers and each of a provider's directors; and (iii) Every relative of a provider's officers and every relative of a provider's directors; (4) The term “application” means the application and related forms, including appendices, approved by the Office of Management and Budget as form EOUST-DE1, Application for Approval as a Provider of a Personal Financial Management Instructional Course, as it shall be amended from time to time; (5) The term “approved list” means the list of providers currently approved by a United States Trustee under 11 U.S.C. 111 as currently published on the United States Trustee Program's Internet site, which is located on the United States Department of Justice's Internet site; (6) The term “approved provider” means a provider currently approved by a United States Trustee under 11 U.S.C. 111 as an approved provider… | ||||||
| 28:28:2.0.1.1.15.0.1.24 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.26 Procedures all providers shall follow when applying to become approved providers. | DOJ | [78 FR 16170, Mar. 14, 2013] | (a) A provider applying to become an approved provider shall obtain an application, including appendices, from the United States Trustee. (b) The provider shall complete the application, including its appendices, and attach the required supporting documents requested in the application. (c) The provider shall submit the original of the completed application, including completed appendices and the required supporting documents, to the United States Trustee at the address specified on the application form. (d) The application shall be signed by a representative of the provider who is authorized under applicable law to sign on behalf of the applying provider. (e) The signed application, completed appendices, and required supporting documents shall be accompanied by a writing, signed by the signatory of the application and executed on behalf of the signatory and the provider, certifying the application does not: (1) Falsify, conceal, or cover up by any trick, scheme or device a material fact; (2) Make any materially false, fictitious, or fraudulent statement or representation; or (3) Make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. (f) The United States Trustee shall not consider an application, and it may be returned if: (1) It is incomplete; (2) It fails to include the completed appendices or all of the required supporting documents; or (3) It is not accompanied by the certification identified in the preceding subsection. (g) The United States Trustee shall not consider an application on behalf of a provider, and it shall be returned if: (1) It is submitted by any entity other than the provider; or (2) Either the application or the accompanying certification is executed by any entity other than a representative of the provider who is authorized under applicable law to sign on behalf of the provider. (h) By the act of submitting an application, a provider consents to the release and disclosure of its name, contact… | ||||||
| 28:28:2.0.1.1.15.0.1.25 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.27 Automatic expiration of providers' status as approved providers. | DOJ | [78 FR 16170, Mar. 14, 2013] | (a) Except as provided in § 58.28(c), if an approved provider was not an approved provider immediately prior to the date it last obtained approval to be an approved provider, such an approved provider shall cease to be an approved provider six months from the date on which it was approved unless the United States Trustee approves an additional one year period. (b) Except as provided in § 58.28(c), if an approved provider was an approved provider immediately prior to the date it last obtained approval to be an approved provider, such a provider shall cease to be an approved provider one year from the date on which it was last approved to be an approved provider unless the United States Trustee approves an additional one year period. | ||||||
| 28:28:2.0.1.1.15.0.1.26 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.28 Procedures all approved providers shall follow when applying for approval to act as an approved provider for an additional one year period. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) To be considered for approval to act as an approved provider for an additional one year term, an approved provider shall reapply by complying with all the requirements specified for providers under 11 U.S.C. 111, and under this part. (b) Such a provider shall apply no later than 45 days prior to the expiration of its six month probationary period or annual period to be considered for approval for an additional one year period, unless a written extension is granted by the United States Trustee. (c) An approved provider that has complied with all prerequisites for applying to act as an approved provider for an additional one year period may continue to operate as an approved provider while its application is under review by the United States Trustee, so long as either the application for an additional one year period is timely submitted, or a provider receives a written extension from the United States Trustee. | ||||||
| 28:28:2.0.1.1.15.0.1.27 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.29 Renewal for an additional one year period. | DOJ | [78 FR 16172, Mar. 14, 2013] | If an approved provider's application for an additional one year period is approved, such renewal period shall begin to run from the later of: (a) The day after the expiration date of the immediately preceding approval period; or (b) The actual date of approval of such renewal by the United States Trustee. | ||||||
| 28:28:2.0.1.1.15.0.1.28 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.30 Mandatory duty of approved providers to notify United States Trustees of material changes. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) An approved provider shall immediately notify the United States Trustee in writing of any material change. (b) An approved provider shall immediately notify the United States Trustee in writing of any failure by the approved provider to comply with any standard or requirement specified in 11 U.S.C. 111, this part, or the terms under which the United States Trustee approved it to act as an approved provider. (c) An approved provider shall immediately notify the United States Trustee in writing of any of the following events: (1) Cessation of business by the approved provider or by any office of the provider, or withdrawal from any federal judicial district(s) where the approved provider is approved; (2) Any investigation of, or any administrative or judicial action brought against, the approved provider by any governmental unit; (3) Any action by a governmental unit or a court to suspend or revoke the approved provider's articles of incorporation, or any license held by the approved provider, or any authorization necessary to engage in business; or (4) A suspension, or action to suspend, any accreditation held by the approved provider, or any withdrawal by the approved provider of any application for accreditation, or any denial of any application of the approved provider for accreditation; or (5) [Reserved] (d) A provider shall notify the United States Trustee in writing if any of the changes identified in paragraphs (a) through (c) of this section occur while its application to become an approved provider is pending before the United States Trustee. (e) An approved provider whose name or other information appears incorrectly on the approved list shall immediately submit a written request to the United States Trustee asking that the information be corrected. | ||||||
| 28:28:2.0.1.1.15.0.1.29 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.31 Mandatory duty of approved providers to obtain prior consent of the United States Trustee before taking certain actions. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) By accepting the designation to act as an approved provider, a provider agrees to obtain approval from the United States Trustee, prior to making any of the following changes: (1) The engagement of an independent contractor to provide an instructional course; (2) Any increase in the fees received from debtors for an instructional course or a change in the provider's fee policy; (3) Expansion into additional federal judicial districts; (4) Any changes to the method of delivery the approved provider employs to provide an instructional course; or (5) Any changes in the approved provider's instructional course. (b) A provider applying to become an approved provider shall also obtain approval from the United States Trustee before taking any action specified in paragraph (a) of this section. It shall do so by submitting an amended application. The provider's amended application shall be accompanied by a contemporaneously executed writing, signed by the signatory of the application, that makes the certifications specified in § 58.26(e). (c) An approved provider shall not transfer or assign its United States Trustee approval to act as an approved provider. | ||||||
| 28:28:2.0.1.1.15.0.1.3 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.3 Qualification for membership on panels of private trustees. | DOJ | (a) To be eligible for appointment to the panel and to retain eligibility therefor, an individual must possess the qualifications described in paragraph (b) of this section in addition to any other statutory qualifications. A corporation or partnership may qualify as an entity for appointment to the private panel. However, each person who, in the opinion of the U.S. Trustee or of the Director, performs duties as trustee on behalf of a corporation or partnership must individually meet the standards described in paragraph (b) of this section, except that each U.S. Trustee, with the approval of the Director, shall have the discretion to waive the applicability of paragraph (b)(6) of this section as to any individual in a non-supervisory position. No professional corporation, partnership, or similar entity organized for the practice of law or accounting shall be eligible to serve on the panel. (b) The qualifications for membership on the panel are as follows: (1) Possess integrity and good moral character. (2) Be physically and mentally able to satisfactorily perform a trustee's duties. (3) Be courteous and accessible to all parties with reasonable inquiries or comments about a case for which such individual is serving as private trustee. (4) Be free of prejudices against any individual, entity, or group of individuals or entities which would interfere with unbiased performance of a trustee's duties. (5) Not be related by affinity or consanguinity within the degree of first cousin to any employee of the Executive Office for United States Trustees of the Department of Justice, or to any employee of the office of the U.S. Trustee for the district in which he or she is applying. (6)(i) Be a member in good standing of the bar of the highest court of a state or of the District of Columbia; or (ii) Be a certified public accountant; or (iii) Hold a bachelor's degree from a full four-year course of study (or the equivalent) of an accredited college or university (accredited as described in part II, section III of Ha… | |||||||
| 28:28:2.0.1.1.15.0.1.30 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.32 Continuing requirements for becoming and remaining approved providers. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) To become an approved provider, a provider must affirmatively establish, to the satisfaction of the United States Trustee, that the provider at the time of approval: (1) Satisfies every requirement of this part; and (2) Provides effective instruction to its debtors. (b) To remain an approved provider, an approved provider shall affirmatively establish, to the satisfaction of the United States Trustee, that the approved provider: (1) Has satisfied every requirement of this part; (2) Has provided effective instruction to its debtors; and (3) Will continue to satisfy both paragraphs (b)(1) and (2) of this section in the future. | ||||||
| 28:28:2.0.1.1.15.0.1.31 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.33 Minimum qualifications providers shall meet to become and remain approved providers. | DOJ | [78 FR 16172, Mar. 14, 2013] | To meet the minimum qualifications set forth in § 58.32, and in addition to the other requirements set forth in this part, providers and approved providers shall comply with paragraphs (a) through (n) of this section on a continuing basis: (a) Compliance with all laws. A provider shall comply with all applicable laws and regulations of the United States and each state in which the provider provides an instructional course including, without limitation, all laws governing licensing and registration. (b) Prohibition on legal advice. A provider shall not provide legal advice. (c) Ethical standards. A provider shall: (1) Ensure no member of the board of directors or trustees, officer or supervisor is a relative of an employee of the United States Trustee, a trustee appointed under 28 U.S.C. 586(a)(1) for any federal judicial district where the provider is providing or is applying to provide an instructional course, a federal judge in any federal judicial district where the provider is providing or is applying to provide an instructional course, or a federal court employee in any federal judicial district where the provider is providing or is applying to provide an instructional course; (2) Not enter into any referral agreement or receive any financial benefit that involves the provider paying to or receiving from any entity or person referral fees for the referral of debtors to or by the provider; and (3) Not enter into agreements involving an instructional course that create a conflict of interest; and (4) Not contact any debtor utilizing the United States Postal Service, or other mail carrier, or electronic mail for the purpose of soliciting debtors to utilize the provider's instructional course, unless: (i) Any such solicitations include the phrase “This is an advertisement for services” or “This is a solicitation;” (ii) Prominently displayed at the beginning of each page of the solicitation; (iii) In a font size larger than or equal to the largest font size otherwise used in the solicitation; (iv… | ||||||
| 28:28:2.0.1.1.15.0.1.32 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.34 Minimum requirements to become and remain approved providers relating to fees. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) If a fee for, or relating to, an instructional course is charged by a provider, such fee shall be reasonable: (1) A fee of $50 or less for an instructional course is presumed to be reasonable and a provider need not obtain prior approval of the United States Trustee to charge such a fee; (2) A fee exceeding $50 for an instructional course is not presumed to be reasonable and a provider must obtain prior approval from the United States Trustee to charge such a fee. The provider bears the burden of establishing that its proposed fee is reasonable. At a minimum, the provider must demonstrate that its cost for delivering the instructional course justifies the fee. A provider that previously received permission to charge a higher fee need not reapply for permission to charge that fee during the provider's annual review. Any new requests for permission to charge more than previously approved, however, must be submitted to EOUST for approval; and (3) The United States Trustee shall review the amount of the fee set forth in paragraphs (a)(1) and (2) of this section one year after the effective date of this part and then periodically, but not less frequently than every four years, to determine the reasonableness of the fee. Fee amounts and any revisions thereto shall be determined by current costs, using a method of analysis consistent with widely accepted accounting principles and practices, and calculated in accordance with the provisions of federal law as applicable. Fee amounts and any revisions thereto shall be published in the Federal Register. (b)(1) A provider shall waive the fee in whole or in part whenever a debtor demonstrates a lack of ability to pay the fee. (i) A debtor presumptively lacks the ability to pay the fee if the debtor's household current income is less than 150 percent of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), as adjusted from time to time, for a household or fami… | ||||||
| 28:28:2.0.1.1.15.0.1.33 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.35 Minimum requirements to become and remain approved providers relating to certificates. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) An approved provider shall send a certificate only to the debtor who took and completed the instructional course, except that an approved provider shall instead send a certificate to the attorney of a debtor who took and completed an instructional course if the debtor specifically directs the provider to do so. In lieu of sending a certificate to the debtor or the debtor's attorney, an approved provider may notify the appropriate bankruptcy court in accordance with the Federal Rules of Bankruptcy Procedure that a debtor has completed the instructional course. (b) An approved provider shall send a certificate to a debtor, or notify the appropriate bankruptcy court in accordance with the Federal Rules of Bankruptcy Procedure, that a debtor has completed the instructional course no later than three business days after the debtor completed an instructional course and after completion of a debtor course evaluation form that evaluates the effectiveness of the instructional course. The approved provider shall not withhold the issuance of a certificate or notice of course completion to the appropriate bankruptcy court because of a debtor's failure to submit an evaluation form, though the provider should make reasonable effort to ensure that debtors complete and submit course evaluation forms. (c) If a debtor has completed instruction, a provider may not withhold certificate issuance or notice of course completion to the appropriate bankruptcy court for any reason, including, without limitation, a debtor's failure to obtain a passing grade on a quiz, examination, or test. A provider may not consider instructional services incomplete based solely on the debtor's failure to pay the fee. Although a test may be incorporated into the curriculum to evaluate the effectiveness of the course and to ensure that the course has been completed, the approved provider cannot deny a certificate to a debtor or notice of course completion to the appropriate bankruptcy court if the debtor has completed the course as designed. (d) An … | ||||||
| 28:28:2.0.1.1.15.0.1.34 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.36 Procedures for obtaining final provider action on United States Trustees' decisions to deny providers' applications and to remove approved providers from the approved list. | DOJ | [78 FR 16172, Mar. 14, 2013] | (a) The United States Trustee shall remove an approved provider from the approved list whenever an approved provider requests its removal in writing. (b) The United States Trustee may issue a decision to remove an approved provider from the approved list, and thereby terminate the approved provider's authorization to provide an instructional course, at any time. (c) The United States Trustee may issue a decision to deny a provider's application or to remove a provider from the approved list whenever the United States Trustee determines that the provider has failed to comply with the standards or requirements specified in 11 U.S.C. 111, this part, or the terms under which the United States Trustee designated it to act as an approved provider, including, but not limited to, finding any of the following: (1) If any entity has suspended or revoked the provider's license to do business in any jurisdiction; or (2) Any United States district court has removed the provider under 11 U.S.C. 111(e). (d) The United States Trustee shall provide to the provider in writing a notice of any decision either to: (1) Deny the provider's application; or (2) Remove the provider from the approved list. (e) The notice shall state the reason(s) for the decision and shall reference any documents or communications relied upon in reaching the denial or removal decision. To the extent authorized by law, the United States Trustee shall provide to the provider copies of any such documents that were not supplied to the United States Trustee by the provider. The notice shall be sent to the provider by overnight courier, for delivery the next business day. (f) Except as provided in paragraph (h) of this section, the notice shall advise the provider that the denial or removal decision shall become final agency action, and unreviewable, unless the provider submits in writing a request for review by the Director no later than 21 calendar days from the date of the notice to the provider. (g) Except as provided in paragraph (h) of this secti… | ||||||
| 28:28:2.0.1.1.15.0.1.4 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.4 Qualifications for appointment as standing trustee and fiduciary standards. | DOJ | [62 FR 30183, June 2, 1997] | (a) As used in this section— (1) The term standing trustee means an individual appointed pursuant to 28 U.S.C. 586(b). (2) The term relative means an individual who is related to the standing trustee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or an individual whose close association to the standing trustee is the equivalent of a spousal relationship. (3) The term financial or ownership interest excludes ownership of stock in a publicly-traded company if the ownership interest in not controlling. (4) The word region means the geographical area defined in 28 U.S.C. 581. (b) To be eligible for appointment as a standing trustee, an individual must have the qualifications for membership on a private panel of trustees set forth in §§ 58.3 (b)(1)-(4), (6)-(8). An individual need not be an attorney to be eligible for appointment as a standing trustee. A corporation or partnership may be appointed as standing trustee only with the approval of the Director. (c) The United States Trustee shall not appoint as a standing trustee any individuals who, at the time of appointment, is: (1) A relative of another standing trustee in the region in which the standing trustee is to be appointed; (2) A relative of a standing trustee (in the region in which the standing trustee is to be appointed), who, within the preceding one-year period, died, resigned, or was removed as a standing trustee from a case; (3) A relative of a bankruptcy judge or a clerk of the bankruptcy court in the region in which the standing trustee is to be appointed; (4) An employee of the Department of Justice within the preceding one-year period; or (5) A relative of a United States Trustee or an Assistant United States Trustee, a relative of an employee in any of the offices of the United States… | ||||||
| 28:28:2.0.1.1.15.0.1.5 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.5 Non-discrimination in appointment. | DOJ | [Order No. 921-80, 45 FR 82631, Dec. 16, 1980, as amended by Order No. 960-81, 46 FR 52360, Oct. 27, 1981] | The U.S. Trustees shall not discriminate on the basis of race, color, religion, sex, national origin or age in appointments to the private panel of trustees or of standing trustees and in this regard shall assure equal opportunity for all appointees and applicants for appointment to the private panel of trustees or as standing trustee. Each U.S. Trustee shall be guided by the policies and requirements of Executive Order 11478 of August 8, 1969, relating to equal employment opportunity in the Federal Government, section 717 of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16), section 15 of the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 633a), and the regulations of the Office of Personnel Management relating to equal employment opportunity (5 CFR part 713). | ||||||
| 28:28:2.0.1.1.15.0.1.6 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.6 Procedures for suspension and removal of panel trustees and standing trustees. | DOJ | [62 FR 51750, Oct. 2, 1997] | (a) A United States Trustee shall notify a panel trustee or a standing trustee in writing of any decision to suspend or terminate the assignment of cases to the trustee including, where applicable, any decision not to renew the trustee's term appointment. The notice shall state the reason(s) for the decision and should refer to, or be accompanied by copies of, pertinent materials upon which the United States Trustee has relied and any prior communications in which the United States Trustee has advised the trustee of the potential action. The notice shall be sent to the office of the trustee by overnight courier, for delivery the next business day. The reasons may include, but are in no way limited to: (1) Failure to safeguard or to account for estate funds and assets; (2) Failure to perform duties in a timely and consistently satisfactory manner; (3) Failure to comply with the provisions of the Code, the Bankruptcy Rules, and local rules of court; (4) Failure to cooperate and to comply with orders, instructions and policies of the court, the bankruptcy clerk or the United States Trustee; (5) Substandard performance of general duties and case management in comparison to other members of the chapter 7 panel or other standing trustees; (6) Failure to display proper temperament in dealing with judges, clerks, attorneys, creditors, debtors, the United States Trustee and the general public; (7) Failure to adequately monitor the work of professionals or others employed by the trustee to assist in the administration of cases; (8) Failure to file timely, accurate reports, including interim reports, final reports, and final accounts; (9) Failure to meet the eligibility requirements of 11 U.S.C. 321 or the qualifications set forth in 28 CFR 58.3 and 58.4 and in 11 U.S.C. 322; (10) Failure to attend in person or appropriately conduct the 11 U.S.C. 341(a) meeting of creditors; (11) Action by or pending before a court or state licensing agency which calls the trustee's competence, financial responsibility or trustwo… | ||||||
| 28:28:2.0.1.1.15.0.1.7 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.7 Procedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of the Bankruptcy Code. | DOJ | [73 FR 58444, Oct. 7, 2008] | (a) UST Form 101-7-TFR, Chapter 7 Trustee's Final Report. A chapter 7 trustee must complete UST Form 101-7-TFR final report (TFR) in preparation for closing an asset case. This report must be submitted to the United States Trustee after liquidating the estate's assets, but before making distribution to creditors, and before filing it with the United States Bankruptcy Court. The TFR must contain the trustee's certification, under penalty of perjury, that all assets have been liquidated or properly accounted for and that funds of the estate are available for distribution. Pursuant to 28 U.S.C. 589b(d), the TFR must also contain the following: (1) Summary of the trustee's case administration; (2) Copies of the estate's financial records; (3) List of allowed claims; (4) Fees and administrative expenses; and (5) Proposed dividend distribution to creditors. (b) UST Form 101-7-NFR Chapter 7 Trustee's Notice of Trustee's Final Report. After the TFR has been reviewed by the United States Trustee and filed with the United States Bankruptcy Court, if the net proceeds realized in an estate exceed the amounts specified in Fed. R. Bankr. P. 2002(f)(8), UST Form 101-7-NFR (NFR) must be sent to all creditors as the notice required under Fed. R. Bankr. P. 2002(f). The NFR must show the receipts, approved disbursements, and any balance identified on the TFR, as well as the information required in the TFR's Exhibit D. In addition, the NFR must identify the procedures for objecting to any fee application or to the TFR. (c) UST Form 101-7-TDR Chapter 7 Trustee's Final Account, Certification The Estate Has Been Fully Administered and Application of Trustee To Be Discharged. After distributing all estate funds, a trustee must submit to the United States Trustee and file with the United States Bankruptcy Court the trustee's final account, UST Form 101-7-TDR (TDR). The TDR must contain the trustee's certification, under penalty of perjury, that the estate has been fully administered and the trustee's request to be discharged… | ||||||
| 28:28:2.0.1.1.15.0.1.8 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.8 Uniform Periodic Reports in Cases Filed Under Chapter 11 of Title 11. | DOJ | [85 FR 82913, Dec. 21, 2020] | (a) Scope. The requirements of this section apply to all chapter 11 debtors who do not qualify as a “small business debtor” under 11 U.S.C. 101(51D). Nothing in this section shall excuse, supersede, or otherwise modify any applicable nonbankruptcy reporting obligations, including, but not limited to, those set forth in chapters 2a through 2e of title 15 of the United States Code. (b) UST Form 11-MOR, Monthly Operating Report. Debtors-in-possession (debtor) and chapter 11 trustees (trustee) must file with the court and serve upon the United States Trustee, any official committee appointed under 11 U.S.C. 1102, any governmental unit charged with responsibility for collection or determination of any tax arising out of the estate's operation, and any requesting party in interest monthly operating reports using UST Form 11-MOR (MOR). In jointly administered cases, unless otherwise required by the United States Trustee in the United States Trustee's discretion, each jointly administered debtor is required to file a separate MOR on a nonconsolidated basis. The MOR must contain the following: (1) Information about the industry classification, published by the Department of Commerce, for the businesses conducted by the debtor; (2) Length of time the case has been pending as of the end of the reporting period; (3) Number of full-time employees as of the date of the order for relief and at the end of each reporting period since the case was filed; (4) Cash receipts, cash disbursements, and profitability of the debtor during the reporting period and cumulatively since the date of the order for relief; (5) Asset and liability status as of the end of the reporting period; (6) Assets sold or transferred outside the ordinary course of business (with or without court approval) during the reporting period and cumulatively since the date of the order for relief; (7) Income statement, commonly referred to as a statement of operations, for the reporting period; (8) All professional fees approved by the court in the case … | ||||||
| 28:28:2.0.1.1.15.0.1.9 | 28 | Judicial Administration | I | 58 | PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994 | § 58.11 Procedures governing administrative review of a United States Trustee's decision to deny a Chapter 12 or Chapter 13 standing Trustee's claim of actual, necessary expenses. | DOJ | [76 FR 31228, May 31, 2011] | (a) The following definitions apply to this section. These terms shall have these meanings: (1) The term claim of actual, necessary expenses means the request by a chapter 12 or chapter 13 standing trustee for the United States Trustee's approval of the trustee's projected expenses for each fiscal year budget, or for an amendment to the current budget when an increase in an individual expense line item is greater than both 10% of the budgeted amount and $5,000.00. Expenses for certain items require prior United States Trustee approval regardless of amount; (2) The term director means the person designated or acting as the Director of the Executive Office for United States Trustees; (3) The term final decision means the written determination issued by the Director based upon the review of the United States Trustee's decision to deny all or part of a trustee's claim of actual, necessary expenses; (4) The term notice means the written communication from the United States Trustee to a trustee that the trustee's claim of actual, necessary expenses has been denied in whole or in part; (5) The term request for review means the written communication from a trustee to the Director seeking review of the United States Trustee's decision to deny, in whole or in part, the trustee's claim of actual, necessary expenses; (6) The term trustee means an individual appointed by the United States Trustee under 28 U.S.C. 586(b) to serve as the standing trustee for chapter 12 or chapter 13 cases in a particular region; and (7) The term United States Trustee means, alternatively: (i) A United States Trustee appointed under 28 U.S.C. 581; or (ii) A person acting as a United States Trustee under 28 U.S.C. 585. (b) The United States Trustee may issue a decision to deny a trustee's claim of actual, necessary expenses. Reasons for denial include, but are not limited to, finding that the trustee failed to do any of the following: (1) Provide to the United States Trustee sufficient justification for the expense; (2) D… |
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