28 U.s.c. Section 586

Appendix H


28 U.S.C. ァ 586.  Duties; supervision by Attorney General.
(a)
 
Each United States trustee, within the region for which such United States trustee
is appointed, shall --
 
 
 
(1)
 
 
establish, maintain, and supervise a panel of private trustees that are
eligible and available to serve as trustees in cases under chapter 7 of title 11;
 
 
 
 
(2)
 
 
serve as and perform the duties of a trustee in a case under title 11 when
required under title 11 to serve as trustee in such a case;
 
 
 
 
(3)
 
 
 
supervise the administration of cases and trustees in cases under chapter
7, 11, or 13 of title 11 by, whenever the United States trustee considers it to be
appropriate --
 
 
 
 
 
 
 
 
 
 
 
(A)
 
 
 
 
monitoring applications for compensation and reimbursement
filed under section 330 of title 11 and, whenever the United
States trustee deems it to be appropriate, filing with the court
comments with respect to any of such applications;
 
 
 
 
 
 
 
 
 
 
 
(B)
 
 
 
 
monitoring plans and disclosure statements filed in cases under
chapter 11 of title 11 and filing with the court, in connection
with hearings under sections 1125 and 1128 of such title,
comments with respect to such plans and disclosure statements;
 
 
 
 
 
 
 
 
 
 
 
(C)
 
 
 
 
monitoring plans filed under chapter 12 and 13 of title 11 and
filing with the court, in connection with hearings under sections
1224, 1229, 1324, and 1329 of such title, comments with respect
to such plans;
 
 
 
 
 
 
 
 
 
 
 
(D)
 
 
 
 
taking such action as the United States trustee deems to be
appropriate to ensure that all reports, schedules, and fees
required to be filed under title 11 and this title by the debtor are
properly and timely filed;
 
    (E)
 
monitoring creditors' committees appointed under title 11;
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
(F)
 
 
 
  
 
 
notifying the appropriate United States attorney of matters
which relate to the occurrence of any action which may
constitute a crime under the laws of the United States and, on
the request of the United States attorney, assisting the United
States attorney in carrying out prosecutions based on such
action;
 
 
 
 
 
 
 
 
 
(G)
 
 
 
monitoring the progress of cases under title 11 and taking such
actions as the United States trustee deems to be appropriate to
prevent undue delay in such progress; and
 
 
 
 
 
 
 
 
 
 
 
(H)
 
 
 
 
monitoring applications filed under section 327 of title 11 and,
whenever the United States trustee deems it to be appropriate,
filing with the court comments with respect to the approval of
such applications;
 
 
 
 
(4)
 
 
deposit or invest under section 345 of title 11 money received as
trustee in cases under title 11;
 
 
 
 
 
(5)
 
 
 
perform the duties prescribed for the United States trustee under title
11 and this title, and such duties consistent with title 11 and this title as
the Attorney General may prescribe; and
 
  (6)
 
make such reports as the Attorney General directs.
 
(b)
 
 
 
 
 
 
 
If the number of cases under chapter 12 or 13 of title 11 commenced in a
particular region so warrants, the United States trustee for such region, may,
subject to the approval of the Attorney General, appoint one or more
individuals to serve as standing trustee, or designate one or more assistant
United States trustees to serve in cases under such chapter. The United
States trustee for such region shall supervise any such individual appointed
as standing trustee in the performance of the duties of standing trustee.
 
(c)
 
 
 
Each United States trustee shall be under the general supervision of the
Attorney General, who shall provide general coordination and assistance to
the United States trustees.
 
(d)
 
 
 
 
 
 
 
The Attorney General shall prescribe by rule qualifications for membership
on panels established by United States trustees under paragraph (a)(1) of
this section, and qualifications for appointment under subsection (b) of this
section to serve as standing trustee in cases under chapter 12 or 13 of title
11. The Attorney General may not require that an individual be an attorney
in order to qualify for appointment under subsection (b) of this section to
serve as standing trustee in cases under chapter 12 or 13 of title 11.
 
(e)
 
 
 
(1)
 
 
 
The Attorney General, after consultation with a United States trustee
that has appointed an individual under subsection (b) of this section to
serve as standing trustee in cases under chapter 12 or 13 of title 11,
shall fix --
 
 
 
 
 
 
(A)
 
 
a maximum annual compensation for such individual, consisting
of
 
 
 
 
 
 
 
 
 
 
(i)
 
 
an amount not to exceed the highest annual rate of basic
pay in effect for level V of the Executive Schedule; and
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(ii)
 
 
 
 
 
the cash value of employment benefits comparable to the
employment benefits provided by the United States to
individuals who are employed by the United States at the
same rate of basic pay to perform similar services during
the same period of time; and
 
 
 
 
 
(B)
 
a percentage fee not to exceed --
 
 
 
 
 
 
 
 
 
 
(i)
 
 
in the case of a debtor who is not a family farmer, ten
percent; or
 
 
 
 
 
 
 
(ii)
 
 
in the case of a debtor who is a family farmer, the sum
of --
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(I)
 
 
 
 
not to exceed ten percent of-the payments made
under the plan of such debtor, with respect to
payments in an aggregate amount not to exceed
$450,000; and
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(II)
 
 
 
 
 
 
 
three percent of payments made under the plan of
such debtor, with respect to payments made after
the aggregate amount of payments made under the
plan exceeds $450,000; based on such maximum
annual compensation and the actual, necessary
expenses incurred by such individual as standing
trustee.
 
 
 
 
 
 
 
 
(2)
 
 
 
 
 
 
Such individual shall collect such percentage fee from all payments
received by such individual under plans in the cases under chapter 12
or 13 of title 11 for which such individual serves as standing trustee.
Such individual shall pay to the United States trustee, and the United
States trustee shall deposit in the United States Trustee System
Fund --
 
 
 
 
 
 
 
 
 
 
 
(A)
 
 
 
 
any amount by which the actual compensation of such
individual exceeds 5 per centum upon all payments received
under plans in cases under chapter 12 or 13 of title 11 for which
such individual serves as standing trustee; and
 
 
 
 
 
(B)
 
any amount by which the percentage for all such cases exceeds -
 
 
 
 
 
 
 
 
 
 
(i)
 
 
such individual's actual compensation for such cases, as
adjusted under subparagraph (A) of paragraph (1); plus
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(ii)
 
 
 
 
 
 
 
 
the actual, necessary expenses incurred by such
individual as standing trustee in such cases. Subject to
the approval of the Attorney General, any or all of the
interest earned from the deposit of payments under plans
by such individual may be utilized to pay actual,
necessary expenses without regard to the percentage
limitation contained in subparagraph (d) [sic] (1)(B) of
this section.
 
Updated May 7, 2015

Was this page helpful?

Was this page helpful?
Yes No