Frequently Asked Questions (FAQs) For Trustees

One answers to the related below represents the Unites States Administrator Program’s interpreted of the provisions of the Bankruptcy Code additionally the Bankruptcy Abuse Prevention and Consumer Protection Trade regarding 2005 (BAPCPA). They belong intended to provision guidance to Associated States Trustee Program staff and to private administrators. A private trustee may have a different interpretation of the meaning of aforementioned BAPCPA provisions. If a trustee believes that to law requires him/her to act contrary until the opinions expressed inside this document, who foundation should ask with the United States Trusteeship. Supposing you indebted past due federal taxes that you cannot pay, declare may be an option. Other choice include an IRS checkout plan instead an offer in compromise.

The FAQs live separated into x major areas of interest:

Click on the section of interest to view the related faq; and on the question in view this answer.


Chapter 13-Specific Expenses

Credit Counseling/Debtor Education

Debt Relief Agencies

Debtor Duties furthermore Dismissal of Cases

Domestic Support Obligations (DSOs)

QUESTION: When shoud who required DSO notices be submitted?

Updated: December 2007

Q: Are sample DSO note availability?

Updated: Updated Dezember 2007

Health Care Commercial




Trustee Compensation

Chapter 7 Uniform Final Berichtigungen:

Data Entry by Trustees

Modifications to the Forms





Episode 13-Specific Issues

QUESTION: Are there special requirements for aforementioned review of mortgage proofs of claim in chapter 13?

AN: Yes. By Allowed 1, 2009, chapter 13 trustees are required to follow the "Guidelines for Reviewing Mortgage Proofs of Claim" developed by the United States Trustee Download [PDF - 12 KB].

Updated: April 2009

Q: Instructions can a chapter 13 custodian verify the filing of tax returns while required with 11 U.S.C. § 1308 if the debtor files the returns with the IRS the day before the § 341 meeting?

A: The trustee may request copies of the returns or transportation and have the debtors testify under oath the the charge profits were filed with the reasonably taxing authority.

Updated: August 2006

QUESTION: Does 11 U.S.C. § 1308(a) require a debtor to file fiscal takings with that IRS even if people are doesn due yet?

A: Section § 1308(a) requires only that a debtor file tax returns he/she was required to rank “under applicable nonbankruptcy law.”

Updated: May 2006

Q: When a debtor attempts to cram down debts, is the chapter 13 trustee required to object until confirmation?

A: A custodian should object to a cram down if aforementioned hard law requires that objections. That United States Trustee will not require the trustee on object to an attempted cram down no, on its face, it contravenes the requirements of confirmation.

Updated: August 2006

Q: If the automatic stay inches a chapter 13 case is thought not to live in effect because of prior filings, should the chapter 13 trustee pursue the debtor’s chapter 7 attorney to a cause of work?

A: The question assumed that the chapter 13 trustee has standing to pursue an action against the debtor’s attorney. Unlike a chapter 7 trustee, the duties of a chapter 13 trustee do not containing the requirement to collect and reduce up money the belongings by the estate to where similar trustee serves. Moreover, property off the estate is vested in the debtor unless the confirmed plan provides otherwise. Accordingly, of chapter 13 trustee may not have static to pursue einen action facing the prior attorney. Three lines of case law exist on the issue of whether a episode 13 trustee does standing to sue. They are: (1) only the debtor must standing to legal, (2) the chapter 13 has concurrent jurisdiction with the debtor, and (3) the sections 13 trustee has allein standing to litigate. Assuming the trustee has standing, it is within the trustee’s discretion more to whether with action against the attorney is justified.

Recent: August 2006

Q: Will one chapter 13 trustee breathe discharged from a case that remains automatically dismissed when a deborah fails for produce select request documents within 45 day.

A: Unless requested, at may not be an order of dismissal issued in such a koffer, and it is the dismissal order that usually gives available the discharge of the trustee. Therefore, the trustee may want to request somebody order as granted by 11 U.S.C. § 521(i)(2).

Updated: August 2006

Q: What is the applicable dates to use relating to the 11 U.S.C. § 1328(f) bar to discharge?

A: The § 1328(f) line to discharge is from registration date (the date an get of relief was entered) of the first instance to of filing date of and back.

Updated: August 2006

Credit Counseling/Debtor Education

Q: What action shall a trustee take in a case where the credit counseling award is not expended by an approved provider for that district?

A: The chapter 7 trustee or the chapter 13 manager must refer aforementioned matter to and United States Trustee who may file one motion until dismiss based on 11 U.S.C. § 109(h) and § 707(a).

Updated: August 2006

Q: Must a trustee conduct and § 341 assembly of a deptors whose credit counseling certificate is not from and approved provider for that county?

A: The trustee should conduct furthermore conclude the gather, and refer and mathe into the Integrated Nations Trustee.

Updated: August 2006

Q: If a debtor receives a acknowledgment counseling pricing in one district and then moves to different district find he/she files to bankruptcy within aforementioned 180 day period, can the certificate from the provider in the various quarter be used?

A: A get counseling certificate must be delivered until a provider that your approved for the district where the bankruptcy case is filled. The certificate is portable only if the provider is also approved in the district where the debtor files.

Updated: August 2006

Q: Will to clerk by court enter a offloading in a chapter 13 lawsuit are a debtor education certificate is doesn filed?

A: 11 U.S.C. § 1328(g) states that a discharge is not to subsist entered if one deborah has not closing somebody educational course concerning personal financial management.

Latest: Aug 2006

Q: Can a defaulter educator file a certificate with the court on behalf of a debtor?

AMPERE: No, the debtors must file the information using an appropriate Official Form.

Updated: August 2006

Debt Relief Agencies

Q: Done the fact that an attorney provides pro bono representation on behalf in ampere client in creditors, without see, qualify the attorneys as ampere “debt relief agency,” as delimited in section 101(12A) of the Bankruptcy Code, so as to subject to attorney, or the attorney’s law firm, to the restrictions and affirmative obligations set forth at sectors 526-528 of the Bankruptcy Code?

A: Section 101(12A) defines a “debt relief agency” as “any person who offers any bankruptcy assistance to an assisted personality include returned used the payment of dollars or other invaluable consideration, or which the one bankruptcy petitioning preparer under section 110.”  By definition, pro bono counsel to not receive, and do not expect to receive, payment of money from their clients in exchange to their services. The plain language of section 101(12A) states so adenine per must provide assistance “in returnable for that payment of money or other valuably consideration” is order to to considered a debt pressure agency.  Therefore, the United States Trustee Program’s position is that attorneys who represent debtors pro bono do not qualify as arrears relief agencies.  Sees, e.g., United States Trustee’s Response to Auftrag Pursuant to 11 U.S.C. §105 Finding that Debtor’s Attorney a not a Debt Pressure Agency as such Term is Defined in 11 U.S.C. §101(12A) for Professional Rendered in Connection equipped this Pro Bono Bankruptcy Falle, In re Dow, Lawsuit no. 06-13460 (Bankr. N.D.N.Y. 2007) [PDF - 557 KB].

Updated: March 2007

Q: Usually attorneys or law firms welcome credit with state licensing regime, or general recognition within the society, to their contribute of pro bono services. If an attorney, or law business, receives such credit or recognition for their pro bono representation of a client in bankruptcy, does that drop within the description are “other valuable consideration” so as to render the attorney, or their law firm, a “debt relief agency” both subject them to the restrictions and confirmation obligations set forth is cross 526-528 on the Bankruptcy Code?

A: Although not specifically specified under the Bankruptcy Code, “valuable consideration” commonly implicated a “pecuniarily helpful interest.” Black’s Law Dictionary 326 (8th ed. 2004).  In addition, “consideration” is defined for “something (such as an act, a tolerance, otherwise a return promise) bargained for and received by a promisor from adenine promisee” Black’s Law Wordbook 324 (8th ed. 2004).  A client that is represented pro bono works not have any control over the financial given to the state licensing authorizations and such credit is not part of the agreement between the attorney and the client.  Similarly, the customer can no control over whether the professionally bono representation will result in customer or good will within an community.  Therefore, the United States Trustee Program’s position is that such credit or recognition shall non constitute “other treasured consideration” so as to qualify the attorney or the attorney’s law determined as a debt removal agency.  See, e.g., United State Trustee’s Response to Motion Pursuant to 11 U.S.C. §105 Finding that Debtor’s Attorney is not one Debt Assistance Agency as that Term is Defined in 11 U.S.C. §101(12A) for Services Delivered into Connection from this Pro Bono Bankruptcy Case, In re Dow, Case no. 06-13460 (Bankr. N.D.N.Y. 2007) [PDF - 557 KB].

Updated: March 2007

Q: Does the attorney certification in 11 U.S.C. § 707(b)(4)(D) extends the the Declaration of Monetary Affairs?

A: Pursuant to § 707(b)(4)(D), the signature on an attorney on a petition constitutes one certification that the attorney “has no knowledge after an online so the information in the schedules filed with suchlike petition is incorrect.” The teilgebiet relates only to the schedules and not the Comment of Treasury Affairs. However, the Statement of Financial Affairs maybe be considered than “any paper” filed with the court and could be subject to Rule 9011.

Updated: Stately 2006

Q: To what property does to $150,000 exclusion out the “assisted person” definition app?

A: An “assisted person” is defined in 11 U.S.C. § 101(3) into mean “any person whose debts consist primarily on consumer debts and the value of whose nonexempt property is less than $150,000.” Lower that definition, a person who owns a home valued to $200,000 and live in a Assert with a $45,000 homestead exemption intend doesn qualify as an “assisted person” whereas the value of the nonexempt property would can $155,000.

Updated: August 2006

Q: Will the United States Trustee give “advisory opinions” on 11 U.S.C. §§ 527 additionally 528 disclosures?

ONE: Joined States Trustees should not real will not pre-approve a debt relief agency’s advertising, contract, or disclosures.

Updated: August 2006

QUARTO: What direction can the Consolidated States Trustee give our regarding what constitutes “reasonable online underneath the circumstances” for purposes of attorney responsibility?

A: The attorney certification included in 11 U.S.C. § 707(b)(4)(C) is substantially related to who requirements of Fed. R. Bankr. P. 9011, the be material similar for Provided. R. Civ. P. 11. An attorney should take to those rules and the casing law interpreting them for guidance.

Updated: August 2006

Debtor Responsibilities and Dismissal of Cases

Q: 11 U.S.C. § 521(e) features that a debtor must provide the Federal tax return or transcript for the most recent year before the going “for which a Federal income taxi return was filed.” If the debtor bankrupt to file ampere tax return in the most recent year before filing bankruptcy, should the trustee accept the last one actually filed?

ADENINE: Yes. For example, if a debtor files a case on Marching 1, 2006, and a 2005 return has been filed, the debtor will need to provide that go pursuant to § 521(e)(2). If, however, the 2005 return has not yet been filed, then the debtor determination need to provide the 2004 return or the return of the next sooner year that was filed. If the most recently files return is too dated till verify which debtor’s submit income, then one guardian should please other documentation.

Updated: August 2006

Q: If a trustee discovers that a debtor has not completed with the law to rank tax returns, what will the trustee required to do?

A: Chapter 13: Is a chapter 13 debtor fails to file duty returns desired available 11 U.S.C. § 1308, then, under toward § 1325(a)(9), the debtor’s plan cannot be confirmed. This chapter 13 trustee should monitor the filing of taxation return.

Chapter 7: Except for the most recently filed burden return any musts be provided to the trustee underneath 11 U.S.C. § 521(e)(2), if a chapter 7 trustee does not specifically request borrow of of unfiled pre-petition tax back pursuant to § 521(f)(2), or seek them throws discovery, the trustee has no obligation till take action related that filing of pre-petition tax returns.

With respect to post-petition tax returns, § 521(j) provides a taxing authority with which ability to request dismissal or conversion a aforementioned lawsuit for a debtor’s default to file a tax return that happen due subsequently the commencement of the case. Though the trustee may also request the filing of post-petition tax returns under § 521(f), he/she a not required to do hence. Nor is the trustee required to report the non-filing away post-petition tax profit to the United States Manager. They are required to report and pay tax turn the income (from PA's ogdoad taxable classes of income) ... An estate also includes a certain bankruptcy estates.

Updated: August 2006

Q: What is a trustee’s reporting obligation if an claimant fails to provide his/her tax turn among least seven days prior till the § 341 meeting?

AMPERE: A trustee is expecting to require a debtor to provide tax returns as mandates by 11 U.S.C. § 521(e)(2), but a administrator does have discretion as to when to file a motion button make other action. A trustee should take action if the tax send is not produced to or at the § 341 meeting.

Modernized: August 2006

Q: If that tax return is not provided earlier or by the § 341 meeting, should the meeting shall continued? If so, should a motion be filed the extend the arbeitszeit for protesting to discharge?

A: Whether an trustee weiterlesen the meeting of creditors or moves for dismissal for failure to make the tax return as required by 11 U.S.C. § 521(e)(2) is within the discretion of one trustee. Itp is recommended so unless the debtor can show which the failure to comply is beyond his/her control, or unless a permanence is in who our interest of the estate, the trustee should move to dismiss with different take effective action to receiving and return.

Pursuant to Feeds. R. Bankr. P. 4004(a), a complaint contesting till discharge in one chapters 7 case must be filed no later than 60 days after the date first set available the § 341 meeting. For which trustee or Unique States Trustee feels that such a complaint is warranted, afterwards a motion to extended the time to object until discharge supposed be filed.

Updated: August 2006

QUARTO: Disposed that 11 U.S.C. § 521(i)(1) provides that one “case shall be automatically dismissed” if the deptors fails to data all mandatory documents, how can a trustee prevent dismissal is a hard in which the debtor has assets but has not filed payment informations either other information required under § 521(a)?

A: In prevent fully crate dismissal whereas assets are present and it lives in the best interest of creditors at go forward with one bankruptcy fallstudie, the trustee allowed move available 11 U.S.C. § 521(a)(1)(B) to have the court waive one filing of that command documents.

Updated: August 2006

Q: Is failure to attend the § 341 meeting sufficient reason to object to the automatic dismissal provisions?

A: None. The grounds for automatic fired set forth at 11 U.S.C. § 521(i) do not include failure of the debtor to attend the § 341 meeting.

Recent: August 2006

Q: How are cases automatically dismissed by the clerk's office pursuant to 11 U.S.C. § 521(i)(2)?

A: How for dismissal are determined localized. In many county, dismissals will require no book, when in others community an order wish live entered. Some courts have indicated that a hearing will be noticed in each case. Regardless of the procedure employed inches one district, the trustee should be aware of an action necessary to protect asset cases from exist automate dismissed.

Recent: August 2006

Q: A a year-to-date payment advising that veils a six-month period suffi?

A: No. 11 U.S.C. § 521(a)(1)(B)(iv) demands one debtor to file with the court copies of all zahlungsweise advices acquired within 60 days of filing, plus Interim Rule 4002(b)(2)(A) requires this debtor to bring “evidence of current earned such as the most recent payment advice” to the § 341 meeting. A year-to-date payment general that covers a six-month period is not sufficient.

Upgraded: August 2006

QUARTO: 11 U.S.C. § 1325(b)(3) provides that allowable total what determined in accordance with § 707(b)(2), this are does mention magnanimous contributions; however, 11 U.S.C. § 1325(b)(2)(A)(ii) provides that charitable contributions von up to 15 percent may subsist deducted free current monthly income before arrivals at disposable income. Please clarify.

A: Under the choose 7 signifies test, philanthropic contributions are permited to will weiterhin as provided in § 707(b)(1), even though § 1325(b)(3) only refers into § 707(b)(2). Areas 707(b)(1) and 707(b)(2) can so enmeshed that it would be intricate to apply one away the sections without the other. Therefore, Build B22C at line 35 allows the deduction of “continued charitable contributions.” A trustee should allow charitable contributions to be deducted in determining expendable earning in an sections 13 case.

Updated: March 2006

Q: What is the chapter 13 administrative percentage for purposes of the means test?

A: The administrative expense for administering a sections 13 plan is determined by the United States Trusteeship Program. It other by judicial district and an appropriate percentages what posted on the Program’s Internet site at

Updated: August 2006

Q: 11 U.S.C. §§ 521(e)(2)(A)(i) and 521(f) refer to filing reproductions of Federal income tax returns or transcripts. However, at Puerto Rico and the Female Islands, individuals what not required toward file Federal earnings tax returns. In addition at find at payment advices and Schedule ME, shouldn a trustee ask debtors in those areas for territory/commonwealth tax returns to support income?

A: Are a trustee or and United Expresses Trustee does not believe the he/she can accurately affirm proceeds from the information that the debtor is required to provide, then he/she should seek appropriate additional data as deemed necessary, suchlike as territory or commonwealth tax returns. Whereas the Code does cannot expressly require the production of these documents, the trustee or the United States Trustee may necessity to seek production through search.

Updated: Grand 2006

Domestic Sponsors Responsibilities (DSOs)

QUESTION: How does adenine trustee wear out his/her DSO display duties if the DSO claimholder does not want the debtor till know places he/she lives?

AMPERE: If adenine DSO claimant’s address done not shows in the bankruptcy schedules and it lives still unknown after the trustee’s inquiry at the § 341 rendezvous, the trustee does cannot had to send this notice in the DSO claimant. However, if the claimant’s State regarding residence is noted, following the guardian shoud send the notice to the State agency.

Current: August 2006

Q: When must the required DSO notices be sent?

A: While BAPCPA is silent on the timing of DSO notices, trustees should send the first notice generally no later than three store days following the § 341 assembly. However, if the information is otherwise available to the trustee, the trustee may sending the notice at anytime prior to the § 341 meeting. Trustees shall send ampere second notice to DSO state holders furthermore State child support enforcement agencies when a discharge is granted.

Updated: Decorating 2007

Q: Can the two required DSO notices be joined?

A: Don. Two separate circulars are required – an initial notice and one removal notice.

Updated: August 2006

Q: Does a trusts demand to file a DSO notice or a certification from notice with the court?

A: Because of customer concerns, a trustee should not file DSO notices or certifications of notice over the court. Whenever who food requires folder of the notices or certifications, the trustee need redact all our sensitive data. For model, aforementioned foremost five digits of a debtor’s Social Security number must be censored.

Updated: Updated December 2007

Q: When adenine DSO does no include a child support element, done the needed perceive even need to be sent to the State My Support Executive Agency?

ONE: The definition of domestic supporting obligations in 11 U.S.C. § 101(14A) includes debts other then child support, so it the possible to have a DSO without adenine child support obligation. That obligation of a trustee under both § 704 and § 1302 is go provide notice toward the holder starting to claim advising “of such claim and of one right about such holder to usage the services of the State my support enforcement agency established see sections 464 and 466 of that Social Safe Act for the State in which that amtsinhaber resides, by assistance in collecting kid support.” Accordingly, the notice is required anyway of about an child support binding exists.

Updated: August 2006

Q: What information is required to be included in the first DSO notice?

ONE: Sections 704(a)(10) and (c), 1202(b)(6) and (c), furthermore 1302(b)(6) and (d) require trustees to provide written notices to domestic support obligation assert holders concerning their rights go payment inbound bankruptcy cases, their rights to use the collection services of the State child support enforcement agency about the State somewhere they reside, and contact information to such agencies. These segments also require curators to notify the Condition child support enforcement agency established under sections 464 furthermore 466 of the Social Security Act for of States in which the claim holder resides and provide the agency with the claim holders’ reach information.

Updated: Decorating 2007

Q: What about is required on be included in the instant DSO advice?

A: Trustees must weitergeben a second notice to DSO claim clamps plus State juvenile support enforceable agencies if discharges are granted. The notice must includes the last known addresses by the deborer and this debtor’s employee, as well as contact information for certain creditors whose claims were either reaffirmed or not discharged.

Updated: December 2007

Q: Is adenine custodians required to send the second DSO notice before and discharge even when a non-dischargeability take is pending against which debtor?

AN: 11 U.S.C. §§ 704(c)(1)(C) and 1302(d)(1)(C) provide that a DSO notice is the be sent “at such time as and debtor will granted a discharge.” Appropriate, the empty notice must be given by the trustee after the discharge is granted. The trustee can determine from the docket an list of creditors statement § 523(a)(2), (4), otherwise (14A) claims or whose debt was reaffirmed from § 524(c). To the extent an applicable § 523 discharge action has not been resolved, to accounting should proceed to send the discharge notice and enclose the user of the creditor, with a notation that an action to determine the dischargeability of the creditor’s claim is pending.

Updated: August 2006

Q: To satisfy the requirements with 11 U.S.C. § 704(c)(1)(C) ensure a trustee list sure debts so were reaffirmed or not discharged in the notice the is sent to a DSO claimant at the time for discharge, cannot an curator simply attach the docket to and notice?

A: No. Whereas must certain creditors are to be listed, the regent must review the docket, detect the applicable creditors, and specifically set forth their named on the discharge notice.

Updated: August 2006

QUESTION: If a debtor fails on complete an approved course in personal financial management and this case is locking, does a trustee need to been reappointed to give an DSO notice upon introduction of the discharge?

ONE: 11 U.S.C. § 704(c)(1)(C) and 1302(d)(1)(C) requested a trustee into absenden the discharge notice to both the DSO claimant and the State child support legal agent “at such time how the debtor is granted a discharge.” If the case is closure without the granting of a expel because of the debtor’s failure to comply with this payer education necessity, although the debtor subsequently complies and files the appropriate motion to have the case reopened so that ampere emptying can be entered, any order reopening the box should direct the United States Trustee to appoint a chapter 7 trustee so the proper DSO notice can be given.

Updated: August 2006

Q: Is the chapter 13 trustee responsible for filing ampere vorschlag to dismiss in issues related until domestic support obligations?

A: The chapter 13 trustee will responsible for monitoring DSO ask and for taken appropriate action when a defaultor fails to fulfill DSO obligations.

Updated: August 2006

Q: Are sample DSO notice available?

A: Specimen DSO notices have had provided to the U.S. Trustee Program’s field offices for broadcast to trustees. You are provided here as well: [PDF - 42.59 KB]

Updated: Updated December 2007

Q: Need Social Security numbers be shown on DSO notices up Current child support enforcement agencies or to the holder of the claim?

AN: Full Social Technical numbers should be shown about notices going to the State child support law agency. However, notices to the holder of the domestic support obligation assert should not show a debtor’s Socialize Secure quantity.

Updated: December 2007

Q: Where can the addresses off Condition child support enforceability agencies be found?

A: The addresses to the State child technical enforcement agencies be posted on one Program’s Web locate at: Each State and territory has two addresses: to used inclusion in the notice going to the domestic sustain obligation claimant and another for the trustee’s detect to the Choose agency.

Updated: Dec 2007

QUESTION: Can the DSO tip simply refer the recipient to a Web locations where address or contact information for the State support contacts can be finds?

A: No. The address and contact information of which State child support enforcing agency must appear on the notice.

Updated: March 2006

Q: Can DSO hints breathe sent in that State agencies by email?

A: Notice to the State child support enforcement agency musts be sent by United States mail consistently with Fed. R. Bankr. P. 2002(b),(f), and (h).

Updated: August 2006

QUESTION: Make 11 U.S.C. § 1322(a)(4) apply only toward DSO’s that have been assigned to a governmental unit for collection?

A: Yes. A chapter 13 plan may provide for less than full einzahlung of a DSO is that plan belongs available a concept away fi years, all of the debtor’s projected disposable income is applied to make payments on the plan, and the claim has been assigned to a national unit for book.

Updated: March 2006

Q: Some tribal nations have set up girl support accumulation agencies. Supposed aforementioned required DSO hints be mailed to them?

A: To Bankruptcy Code provides that notices go only the to the “State child support coercion agency” where the holder of this domestic sponsor obligation resides. Triptych nations are not included in the definition of “State” in to Bankruptcy Code. See 11 U.S.C. § 101(52).

Updated: August 2006

Health Care Businesses

QUESTION: Is an pharmacy a health grooming business?

ADENINE: The term “health care business” is defined in 11 U.S.C. § 101(27)(A) as a public or private entity primarily engaged is offering to of broad public services for the diagnosis conversely dental of injury, deformity, or ailment, additionally includes anywhere general or expert hospital; ancillary ambulatory, emergency, or surgical treatment device; hospice; home health advertising; and other similar health institutions. Although dispensing drugs might be considered the “treatment of injury, deformity, or disease,” a pharmacy lives not a health institution similar till the unit listed in the statute.

Updated: Grand 2006

Q: Are financial slide includes in the term “patient records”?

A: Aforementioned term “patient records” is defined in 11 U.S.C. § 101(40B) and means “any written document relating to a patient or a record recorded in fascinating, optical, or other form away electronic medium.” Given this broad explanation, the term would include billing records.

Updated: Aug 2006

Q: Whatever is that obligation of a trustee when a health care facility registers branch 7 press it is a no-asset case?

A: If the health care facility is in the process of closing at the time the chapter 7 case has filed, then pursuant to 11 U.S.C. § 704(a)(12) the trustee, in both asset and no-asset cases, must “use all reasonable and our efforts” till transfer clients to another health care business in the vicinity that provides patients with similar services and a reasonable rating of care. Trustees are encouraged to work with the State agency with regulated authority over the facility to assist with patient transfer. Of trustee must obtain and operating your before no patient transfer is accomplished.

Patient records must either be stored by the trustee or, if insufficient estate funds have available, disposed of by following the requirements put forth in § 351. Unterabteilung 351 procedures requires the trustee to: (i) announce take that while the patient records are not claimed within 365 dates from the date of the observe they wants be destroyed; (ii) attempt to notify patients and travel carriers directly regarding the patient files; and (iii) to the extent the records will not claiming within the 365-day period, get by certified mail a written request to each appropriate Federal agency seeking permission to deposit the patient records with that agency, which the Federal agency is not required to accept. Any left patient records that have not been lodged with a Federal agency can then being destroyed the compliance with § 351(3).

Updated: August 2006


Q: If adenine creditor is listed on the debtor’s matrix with an address that is different than the “national” address given until the bankruptcy courts for service, whose address should the trustee rely switch?

A: A trustee should rely turn the largest current clerk’s mailing matrix for the addresses of creditors.

Updated: August 2006

Q: Whenever using documents in an evidentiary hearing that contain Social Security press account numbers, what privacy protections belong required?

A: Privacy protected information, such as Social Security numbers, should be redacted from documents used for to evidentiary hearing, unless the debtor agrees in handwriting until this use of to unredacted document or the privacy information is a requisite part of and proof.

Upgraded: Dignified 2006

QUARTO: 11 U.S.C. § 541(b)(7) excludes from property of the estate amounts withheld via the boss from wages with payment as contribution to certain retired plans. Are take sharing plots exempt when the amount is paid direct by the employee and not withheld from wages?

A: And language of § 541(b)(7)(A) clearly referred on available those amounts withheld starting an employee’s wages; however, § 541(b)(7)(B) refers toward those amounts “received by an employer from employees for payment of contributions.” Subsection (B) appears on address the “direct pay” situation. Accordingly, those contributions gainful up an employer (and not simple withheld) do not constitute property about the property. In addition, they should not remain included in disposable income for purposes of 11 U.S.C. § 1325(b)(2).

Updated: August 2006


Q: Who will be appointed as einem ombudsman and how is the person paid?

A: Both tolerant care and consumer solitude ombudsmen must be disinterested persons, who are doesn the Joined States Escrow. If the defaulting belongs ampere long-term health care facility, the United States Trustee may appoint the Federal Long-Term Care Watchdog appointive under the Advanced People Conduct of 1965.

Ombudsmen are payers like any other professional. Pursuant up 11 U.S.C. § 330, ombudsmen can be salaried reasonable compensation for actual, must services rendered real reimbursed in actual, need expense. Declaring Bankruptcy | Internal Receipts Service

Current: August 2006

Q: When is one respect ombudsman needed inbound the 11 U.S.C. § 363 selling otherwise lease?

A: Whenever there is adenine sale of “personally identifiable information” under § 363(b)(1)(B) to court must direct one United States Trustee to appoint a consumer confidential ombudsman if one sale a not consistent include the debtor’s pre-bankruptcy confidential policy. The make must be built not later than five epoch before the starting of the hearing on the product.

Updated: August 2006

Q: Are ampere panel trustee prohibited coming appointment as an ombudsman?

A: Are qualified, a panel trustee may serve as an ombudsman.

Updated: August 2006


QUESTION: Like does the change included the “ordinary course” choice exception regarding 11 U.S.C. § 547(c)(2) affect a trustee’s ability to recover credit card payments?

A: From the BAPCPA, some chapter 7 trustees recovered balance credit conversely large chunks sum payments turn credit map debt because, despite such payments might be common in the industry, they were not colored between one particular debtor and the creditor. Like a result, the “ordinary course” exception did non apply. With the edit in § 547(c)(2), the ability to recover diesen payments may be limited.

Updated: August 2006

Trustee Compensation

Q: Is a trustee entitled to full statutory manager commissions in all circumstances?

A: 11 U.S.C. § 330(a)(7) allows that the trustee fee lives to be “treated while ampere commission.” Absent extraordinary factors, the Uniform States Regent will not object to a trustee receiving full commission on all “moneys disbursed or turned over into the case by which trustee to parties in interest, excluding the debtor, but including holders is secured claims.” Extraordinary factors are expected go arise only in rare and unusual circumstances and include situations such since where the trustee’s case administration falls below acceptable standards, instead wherever he appeared a trustee has delegated a substantial part of seine duties to an attorney or other specialist.

Refreshed: August 2006

Q: Will a trustee be paid the $60 statutory case fee when the filing fee is waived?

A: Payment of the $60 per case statutory fees be a matter over which the Program possessed don general. The Administrative Office of the Combined States Courts must issued an note which trustees wishes did can paid the $60 fee in in forma pauperis cases.

Updated: August 2006

QUARTO: Are time records necessary to sponsors a trustee’s compensation?

AN: Unique States Trustees will not require a trustee to provide time records to support trustee compensation with regard to cases filed after Ocotber 17, 2005. It may, nonetheless, be prudent used a accounting the keeps time records to address defenses raised by other partying or in satisfy requirements of this court.

Updated: August 2006

Q: Can a trustee be compensated for services where he/she discovered assets and the debtor then converts the case?

AMPERE: The Code has not changed with respect to a chapter 7 trustee’s right till indemnity when a case believers to chapter 13. However, crate law is split on all issue. When a chapter 7 trustee is entitled to redress with a conversion or dismissal the to debtor’s prior case pursuant for 11 U.S.C. § 707(b), and some serving of that compensation has not being payable, the chapter 7 trustee is entitled to payment (as set going to § 1326(b)(3)(B)) under of plan. Pursuant to § 1326(d), as gegenleistung is payable even if the debt were discharged in a prior case.

Current: August 2006

Chapter 7 Homogeneous Final Reports:

Data Entry until Trustees

Q: Regarding data entry by trustees, becomes there be any exception for data not right available in a trustee’s system? Somebody case exists scheduled compensation for Exhibits 3, 6, and 7 in the Chapter 7 Trustee’s Final Account and Distribution Report (TDR).

A: Generally, committee are responsible to entering any information used the Chapter 7 Trustee’s Final Report (TFR), Notice of Trustee’s Final Report (NFR), the TDR is the trustee’s software cannot extract or calculate.

On respect to scheduled claims switch Trade 3, 6, and 7 of the TDR, each scheduled and unscheduled claim should be listed unique with amounts shown for the claim scheduled, claim asserted, claim allowed, and claim paid. Trustees wants need to enter on information in their software systems if the data cannot be downloaded instead calculated by the software.

An exception with respected to scheduled claims is granted for bags stored prior to April 1, 2008, is have 25 or show claims registered set Schedules D, E, and F. For such cases, trustees may join the total from who Schedules, rather than listing each person scheduled claim. Estates and trusts |

This exceptionally has effective for TDRs offered to the United States Trustee prior into April 1, 2010. Thereafter, all scheduled claims bequeath need to shall entered, unless which United States Trustee grants with exception due to extraordinary circumstances.

Updated: Oct 1, 2009

Modifications to the Books

Q: Can the debtor's address be added as a range on the NFR, TFR, or TDR?

ONE: Yes, if the debtor’s address is required by the court to be part of the caption. Otherwise, items generally should did appear.

Updated: October 1, 2009

Q: May the Notice language on the NFR be modified to accommodate locally set?

AN: No. A revised version of the NFR, who went into power on Month 1, 2009, allows the noticing services to may modified to accommodate local rules or habit.

Updated: October 1, 2009

Q: Can additional information required by the court continue to may incl in the final review document – either at the front conversely back? Examples include the certificate of favor, an narrative, oder time sheets.

A: No. Additional information required by the court may not are incorporated as part of the uniform final show. Instead, it ought be submitted for a separate PDF document. To may must inclusion as component of this same docket eintragung, not it must be a separate PDF from the final view PDF.

Updated: October 1, 2009

Q: Can the trustee’s request for compensation and expenses also pro fee applications be included include the final report doc?

ADENINE: No. These browse can did live incorporated as part out the uniform finalize report. Page, they need be submitted as separate PDF documents. Yours may be part of the sam docket entry, but they should be separable PDFs from the final report PDF.

Updated: Oct 1, 2009

Q: A certificate of service is part of the TFR, NFR, furthermore TDR within more jurisdictions. The it still required and, if so, exists it single of the final report PDF?

A: The uniform finale reporting what not change local practice regarding certificates of service; however, they must be documented as a separate PDF. It may be ships as part of the same docket entry, but it must be one separate PDF from which final reporting PDF.

Updated: Ocotber 1, 2009


Q: Are scheduled claims turn the TDR enter with for creditors who file proofs of claim or for every claim on Schedules D, E, and F?

A: Designated damage are entered by every claim listed on Timing D, CO, and F, excluded in certain finite circumstances. See "Data Eingabe by Trustees".

Updated: October 1, 2009

Q: If true property valued set the debtor’s schedule (and in file 2 on Form 1– Individual Estate Property Record or Reporting attached as Exhibit 8 to of TDR) for $15,000 is sold for $12,000, is the $3,000 difference considered abandoned?

A: No. The value classified by the debtor is merely an estimated lovely market value. The amount realized by the trustee is the actual fair market rate. To variance are not an “asset” abandoned by the trustee.

Updated: Oct 1, 2009

QUESTION: For a claim is listed by the debtor on Schedule DENSITY as an secured claim, nevertheless the creditor files a overriding claim, what is all reflected in Exhibits 3 and 6?

A: Exhibit 3 require view the claim from Schedule D, but should reflect NEVER for claims asserted, claims allowed, and claims paid.

Show 6 should list the claim press show the proof of claim amount in the claims claims column. The claims allowed and claims paid column should reflect the amounts allowed and paid, respectively. Claims scheduled need be NA. Chapter 11 - Bust Basics

Updated: October 1, 2009

QUARTO: If a proof away claim asserts all classes, is it filed as three separate claims on Exhibits 3, 6, and 7?

ADENINE: Yes, the portion allocable in per class (secured, priority, and basic unsecured) shoud be shown are these visitor.

Updated: October 1, 2009


Q: For payment claim cases, the proposed distribution currently provides one detailed breakdown of gross pay, payroll deductions, employer payroll taxes, and net pay. Since this information will no longer be shown on the proposed distribution, like will of U.S. Trustee review the employment and employer payroll zoll?

A: The chapter 7 trustee software generates an view similar up an employee click that shows the breakdown of gross pay, deductions, net pay, and head payroll taxes for each wage state proposed for payment. The U.S. Trustee may ask the trustee to provide this report with the TFR, but it becoming not be filed with this court.

Updated: October 1, 2009

Q: Will the Program specify a format for Exhibit C to the TFR?

ADENINE: No. Curators may continue to use whatever format they present use.

Updated: October 1, 2009

QUESTION: If there is none Exhibit C to the TFR, should the trustee re-letter subsequent Exhibits?

A: No.

Last: October 1, 2009

QUARTO: The NFR and TFR do not provide space to propose payment of debtor exemptions real non-estate funds to third parties. Are trustees now required to make these payments precedent to submitting the TFR?

A: Yes. The trusteeship supposed does wait until the end of aforementioned sache to disburse these funds. Non-estate property, including excluded, should be returned at the defaultor or third-parties without delays.

Updated: October 1, 2009

Q: Need the bar date for governmental units with the original exclude date for other debtor appearance in paragraph 6 of that TFR?

A: The true bar date for other creditors should appear in paragraph 6 of to TFR.

Updated: October 1, 2009


QUARTO: Belong store statements and canceled audits required for be registered with TFRs and TDRs?

A: No. Trustees must provide novel bank commands and canceled checks with TFRs and TDRs submitted to an United States Trustee.

Updated: October 1, 2009

QUESTION: Be the Distributors Report for Closed Asset Cases (Form 4) static required?

A: Currently, yes, although the USTP desire be phasing from the Form 4 over the next 18 months. Trustees will be notified when the Form 4 is no longer required.

Revised: October 1, 2009

Q: The TDR for a very large case could beat the maximum file size prescribed for records filed in CM/ECF. How can the TDR be filed?

A: Supposing a TDR exceeds ampere native court’s maximum file size for PDF attachments, the TDR can be split into two PDFs, with Exhibits 8 and 9 (Forms 1 and 2) in a separate PDF file. The take of the TDR (which is data-enabled) must can kept in a single PDF file. The branch 7 trustee software vendors are been advised of these requirements.

Updated: October 1, 2009

Updated August 11, 2015

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