U.S. Trustee Program

The United States Trustee Program has issued a temporary waiver of the federal statutory requirements for credit counseling and personal financial management education for consumer bankruptcy filers in the District of the Northern Mariana Islands, due to the effects of Super Typhoon Yutu.

Under the Bankruptcy Code, individual bankruptcy filers are required to receive credit counseling from an approved agency within 180 days before they file bankruptcy. In addition, in order to receive a bankruptcy discharge, individual bankruptcy filers must complete a course in personal financial management offered by an approved provider.

The Bankruptcy Code permits United States Trustees to waive the credit counseling and financial education requirements within a judicial district where approved agencies and providers are not reasonably able to provide adequate services. Tiffany Carroll, Acting United States Trustee in Region 15, made this determination with respect to the District of the Northern Mariana Islands. The waiver of the credit counseling requirement applies to individuals whose bankruptcy cases are filed on or after November 14, 2018. The waiver of the personal financial management course requirement applies to individual debtors who are otherwise eligible for a discharge on or after November 14, 2018.

The United States Trustee will review this determination within the next year.

The Census Bureau’s Median Family Income Data accessible through the “Means Testing Information” page has been updated. The U.S. Trustee Program will apply the updated data to all cases filed on or after November 1, 2018.

The United States Trustee Program extended the temporary waiver of the federal statutory requirements for credit counseling and personal financial management education for consumer bankruptcy filers in the District of Puerto Rico and the District of the Virgin Islands due to the effects of Hurricanes Irma and Maria.

Under the Bankruptcy Code, individual bankruptcy filers are required to receive credit counseling from an approved agency within 180 days before they file bankruptcy. In addition, in order to receive a bankruptcy discharge, individual bankruptcy filers must complete a course in personal financial management offered by an approved provider.

On September 28, 2017, the United States Trustee Program temporarily waived the credit counseling and financial education requirements for bankruptcy filers in the District of Puerto Rico and the District of the Virgin Islands after determining that approved agencies and providers were not reasonably able to provide adequate services. The Bankruptcy Code also requires United States Trustees to review waivers periodically, and based on that review, the temporary waiver has been extended. The United States Trustee will review this determination within the next year.

As required by section 1175 of Public Law 109-162, the U.S. Trustee Program has issued its annual Report to Congress on criminal referrals for Fiscal Year 2017. Among other things, the report details the number and types of criminal referrals made by the Program and the efforts taken by the Program to prevent bankruptcy fraud and abuse.

The Census Bureau’s Median Family Income Data accessible through the “Means Testing Information” page has been updated. The U.S. Trustee Program will apply the updated data to all cases filed on or after May 1, 2018.

As required by section 603(a)(2)(D) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Public Law 109-8, the U.S. Trustee Program has issued its annual public report on debtor audits. The report provides the aggregate results of audits of individual
chapter 7 and chapter 13 cases for Fiscal Year 2017.

Pursuant to the Bankruptcy Judgeship Act of 2017, (Pub L. No. 115-72), the chapter 11 quarterly fee schedule established by 28 U.S.C. § 1930(a)(6) is amended effective January 1, 2018. Please address any questions concerning this change to your local Office of the United States Trustee.

In light of the devastation caused by Hurricane Harvey and Hurricane Irma, the USTP has re-issued its enforcement guidelines for bankruptcy debtors affected by natural disasters. These guidelines, which were first adopted in the wake of Hurricane Katrina in 2005, identify considerations that shall guide the Program’s activities in the handling of case administration and litigation in the event of a natural disaster.