U.S. Trustee Program

Clifford J. White III, Director, Executive Office for U.S. Trustees.

By Clifford J. White III, Director, EOUST; Walter W. Theus, Jr., Trial Attorney, EOUST; and Nan Roberts Eitel, Associate General Counsel for Chapter 11 Practice, EOUST. Published in ABI Journal (Vol. XL, No. 8, August 2021).

By Robert S. Gebhard, Assistant Director for Oversight, EOUST; and Nancy J. Gargula, U.S. Trustee, Regions 10 and 21. Reprinted with permission from American Bankruptcy Trustee Journal (Spring 2021).

Clifford J. White III, Director, Executive Office for U.S. Trustees.

By Michael J. Bujold, Associate General Counsel for General and Administrative Law, EOUST; Nan Roberts Eitel, Associate General Counsel for Chapter 11 Practice, EOUST; and Andrew R. Vara, U.S. Trustee for Regions 3 and 9. Published in ABI Journal (Vol. XL, No. 2, February 2021).

By Clifford J. White III, Director, Executive Office for U.S. Trustees. Published in ABI Journal (Vol. XL, No. 1, January 2021).

The Administrative Expense Multipliers and IRS’s National Standards for Allowable Living Expenses and Local Standards for Transportation and Housing and Utilities Expenses accessible through the “Means Testing Information” page has been updated. The revised multipliers and standards will apply to cases filed on or after May 15, 2021

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 April 1, 2021.

On December 21, 2020, the United States Trustee Program published a final rule in the Federal Register entitled “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11.” This final rule will be effective 180 days after publication, June 21, 2021, and governs the filing of pre-confirmation monthly operating reports (MORs) and quarterly post-confirmation reports (PCRs) for all debtors except those who are small businesses or who, in accordance with the CARES Act, elect relief under subchapter V of chapter 11. These forms must be used for all reports filed on or after June 21, 2021. Until the effective date, filers should continue to use the forms currently applicable in the district where their case is pending.

The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the President’s “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.