|28 CFR - PART 58 -||REGULATIONS RELATING TO THE BANKRUPTCY |
REFORM ACT OF 1978
58.1 Authorization to establish panels of private trustees.
58.2 Authorization to appoint standing trustees.
58.3 Qualification for membership on panels of private trustees [sic].
58.4 Qualification for appointment as standing trustees.
58.5 Non-discrimination in appointment.
AUTHORITY:28 U.S.C 509, 510, 588(d).
SOURCE: Order No. 921-80, 45 FR 82631, Dec. 16, 1980,
unless otherwise noted.
§58.1 Authorization to establish panels of private trustees.
(a) Each United States Trustee is authorized to establish a panel of private
trustees (the "panel") pursuant to 28 U.S.C. 588(a)(1).
(b) Each United States 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.
§58.2 Authorization to appoint standing trustees.
Each United States 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 Chapter 12 and 13 of Title 11, United States Code.
[Order No. 921-80, 45 FR 82631, Dec. 16, 1980, as amended by
Order No. 960-81, 46 FR 52360, Oct. 27,1981, and
Order No. 1160-86, Nov. 26, 1986]
§58.3 Qualification for membership on panels of private trustees.
(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 United States 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 United States
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
(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 United States Trustee for the
district in which he or she is applying.
(6)(i) Be a member in good standing of the bar of 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,
§ III of Handbook X118 promulgated by the United States Office of Personnel
Management) with a major in a business-related field of study or at least 20
semester-hours of business-related courses; or hold a master's or doctoral degree in
a business-related field of study from a college or university of the type described
(iv) Be a senior law student or candidate for a master's degree in business
administration recommended by the relevant law school or business school dean
and working under the direct supervision of:
(A) A member of a law school faculty; or
(B) A member of the panel of private trustees; or
(C) A member of a program established by the local bar association to provide
clinical experience to students; OR
(v) Have equivalent experience as deemed acceptable by the United States
(7) Be willing to provide reports as required by the United States Trustee.
(8) Have submitted an application under oath, in the form prescribed by the
Director, to the United States Trustee for the District in which appointment is
sought: Provided, That this provision may be waived by the United States Trustee
on approval of the Director.
§58.4 Qualification for appointment as standing trustee.
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. 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.
§58.5 Non-discrimination in appointment.
The United States 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 United States Trustee shall be guided by the policies and
requirements of Executive Order No. 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)
[Order No. 921-80, 45 FR 82631, Dec. 16, 1980, as amended by
Order No. 960-81, 46 FR 52360, Oct. 27, 1981]