Bankruptcy Articles

Problematic Consumer Debtor Attorney’s Fee Arrangements and the Illusion of “Access to Justice”
By Adam D. Herring, Associate General Counsel for Consumer Law, EOUST. Reprinted with permission from ABI Journal (Vol. XXXVII, No. 10, October 2018). This Web-posted version may appear slightly different from the published article.

The Future of the USTP’s CRO “Protocol”
By Clifford J. White III, Director, EOUST, William K. Harrington, United States Trustee for Regions 1 and 2, and Nan Roberts Eitel, Associate General Counsel for Chapter 11 Practice, EOUST. Reprinted with permission from ABI Journal (Vol. XXXVII, No. 9, September 2018). This Web-posted version may appear slightly different from the published article.

United States Attorney’s Bulletin (Bankruptcy and Bankruptcy Fraud – March 2018, Volume 66, Number 2)

Why Marijuana Assets May Not Be Administered in Bankruptcy
By Clifford J. White III, Director, and John Sheahan, Trial Attorney, EOUST. Reprinted with permission from ABI Journal (Vol. XXXVI, No. 12, December 2017). This Web-posted version may appear slightly different from the published article.

Chapter 7 Trustees Play Important Role in Enforcement Against Bankruptcy Crimes
By Doreen Solomon, Assistant Director, Office of Oversight, EOUST. Reprinted with permission from American Bankruptcy Trustee Journal (Summer 2017). This Web-posted version may appear slightly different from the published article.

USTP’s Agenda on Chapter 11 Corporate Reorganization Issues
By Clifford J. White III, Director, EOUST. Reprinted with permission from ABI Journal (Vol. XXXVI, No. 7, July 2017). This Web-posted version may appear slightly different from the published article.

Guidance Will Help Trustees Plan Ahead for Business Interruptions and Transitions
By Doreen Solomon, Assistant Director, Office of Oversight, EOUST, and Suzanne Hazard, Deputy Assistant Director, Office of Oversight, EOUST. Reprinted with permission from American Bankruptcy Trustee Journal (Spring 2017). This Web-posted version may appear slightly different from the published article.

‘Taking the Fifth’ in Bankruptcy
By Meredyth A. Kippes and Erin Marie Schmidt, Trial Attorneys, Dallas. Reprinted with permission from NACTT Quarterly (July/August/September 2016). This Web-posted version may appear slightly different from the published article.

USTP's Consumer Protection Efforts Curb Abuses by Creditors, Poorly Performing Attorneys
By Clifford J. White III, Director, EOUST. Reprinted with permission from ABI Journal (Vol. XXXV, No. 6, June 2016). This Web-posted version may appear slightly different from the published article.

USTP Focuses on Professional Fees, Corporate Governance, and Predictability and Transparency in Chapter 11
By Clifford J. White III, Director, EOUST. Reprinted with permission from ABI Journal (Vol. XXXV, No. 5, May 2016). This Web-posted version may appear slightly different from the published article.

Standing Trustee Training is High Priority for USTP
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (April/May/June 2016). This Web-posted version may appear slightly different from the published article.

USTP Works with Judges, Trustees, Federal Partners to Address Security Concerns at Section 341 Meetings
By Clifford J. White III, Director, EOUST. Reprinted with permission from American Bankruptcy Trustee Journal (Spring 2016). This Web-posted version may appear slightly different from the published article.

The Standing Trustee’s Critical Role in Section 341 Meetings of Creditors
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST, and Elizabeth Ziegler, Trial Attorney, Dallas. Reprinted with permission from NACTT Quarterly (July/August/September 2015). This Web-posted version may appear slightly different from the published article.

New Perspective, Same View
By Samuel Crocker, United States Trustee, Regions 8 and 20. Reprinted with permission from American Bankruptcy Trustee Journal (formerly NABTalk) (Vol. 31, Issue 2, Summer 2015). This Web-posted version may appear slightly different from the published article.

Chapter 13 Case Filings Show National and State Trends
By Tanta Caraman, Statistician, and Christopher Haverstock, Statistician, Office of Planning and Evaluation, EOUST. Reprinted with permission from NACTT Quarterly (April/May/June 2015). This Web-posted version may appear slightly different from the published article.

Rule Changes, Supreme Court Cases and USTP Enforcement Efforts
By Doreen Solomon, Assistant Director, Office of Oversight, EOUST. Reprinted with permission from American Bankruptcy Trustee Journal (formerly NABTalk) (Vol. 31, Issue 1, Spring 2015). This Web-posted version may appear slightly different from the published article.

Successful Projects in 2014 Include Training, Percentage Fee Policy and Unsecured Claims Review
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (January/February/March 2015). This Web-posted version may appear slightly different from the published article.

‘Top 15’ Audit and Field Exam Findings, Computer Security Procedures
By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 30, Issue 3, Fall 2014). This Web-posted version may appear slightly different from the published article.

Lehman: Plans Can’t Bypass the Bankruptcy Code (Even with Consent)
By Clifford J. White III, Director, and John Sheahan, Trial Attorney, EOUST. Reprinted with permission from ABI Journal (Vol. XXXIII, No. 7, July 2014). This Web-posted version may appear slightly different from the published article.

Chapter 13 Disbursement Statistics and the Impact of Case Filing Trends
By Tanta Caraman, Statistician, and Thomas C. Kearns, Assistant Director, Office of Planning and Evaluation, EOUST. Reprinted with permission from NACTT Quarterly (July/August/September 2014). This Web-posted version may appear slightly different from the published article.

Chapter 7 Asset Cases Closed: Distribution Statistics and the Impact of Case Filing Trends
By Tanta Caraman, Statistician, and Thomas C. Kearns, Assistant Director, Office of Planning and Evaluation, EOUST. Reprinted with permission from NABTalk (Vol. 30, Issue 2, Summer 2014). This Web-posted version may appear slightly different from the published article.

Taking the Mystery Out of the Chapter 11 Trustee Appointment Process
By Clifford J. White III, Director, and Walter W. Theus, Jr., Senior Trial Attorney, EOUST. Reprinted with permission from ABI Journal (Vol. XXXIII, No. 5, May 2014). This Web-posted version may appear slightly different from the published article.

EOUST Issues Updates to Handbook for Chapter 13 Standing Trustees
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (April/May/June 2014). This Web-posted version may appear slightly different from the published article.

Consolidation of Chapter 7 Oversight Functions Creates Greater Uniformity and Efficiency for Trustees
By Doreen Solomon, Assistant Director, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 30, Issue 1, Spring 2014). This Web-posted version may appear slightly different from the published article.

Seven Years of Standing Trustee Audit Findings Reflect Changes in Business Environment
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (January/February/March 2014). This Web-posted version may appear slightly different from the published article.

The U.S. Trustee Program Commemorates Its Silver Anniversary
Reprinted with permission from ABI Journal (Vol. XXXII, No. 9, October 2013). This Web-posted version may appear slightly different from the published article.

New Fee Guidelines for Attorneys in Larger Chapter 11 Cases Enhance Transparency and Promote Market Forces in Billing
By Clifford J. White III, Director, EOUST. Reprinted with permission from ABI Journal (Vol. XXXII, No. 7, August 2013). This Web-posted version may appear slightly different from the published article.

Handbook for Chapter 7 Trustees – Your Questions Answered
By Doreen Solomon, Assistant Director, and Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 29, Issue 2, Summer 2013). This Web-posted version may appear slightly different from the published article.

Credit Counseling and Debtor Education: New Rules, New Responsibilities
By Wendy Tien, Deputy Assistant Director, Office of Oversight, EOUST. Reprinted with permission from the ABI Journal, Vol. XXXII, No. 5, June 2013. This Web-posted version may appear slightly different from the published article.

25 Years of Standing Trustee Oversight
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (April/May/June 2013). This Web-posted version may appear slightly different from the published article.

Chapter 7 Trustee Audit Process Turns 25!
By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 29, Issue 1, Spring 2013). This Web-posted version may appear slightly different from the published article.

Why U.S. Trustee Enforcement Should Not Yield to Debtor and Creditor Preferences
By Clifford J. White III, Director, EOUST. Reprinted with permission from ABI Journal (Vol. XXXII, No. 2, March 2013). This Web-posted version may appear slightly different from the published article.

New Handbook for Chapter 13 Standing Trustees Provides Updated Guidance
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (January/February/March 2013). This Web-posted version may appear slightly different from the published article.

New Handbook for Chapter 7 Trustees Provides Updated Guidance
By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 28, Issue 3, Fall 2012). This Web-posted version may appear slightly different from the published article.

Annual Audits, Reports on Prescribed Procedures, are Useful Management Tools for Trustees
By Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (July/August/September 2012). This Web-posted version may appear slightly different from the published article.

The U.S. Trustee Program’s Appellate Practice: Clarifying the Law and Enforcing the Bankruptcy Code
By P. Matthew Sutko, Associate General Counsel for Appellate Practice, and Noah M. Schottenstein, Trial Attorney, Office of the General Counsel, EOUST. Reprinted with permission from ABI Journal (Vol. XXXI, No. 5, June 2012). This Web-posted version may appear slightly different from the published article.

You Support My Plan, I’ll Pay Your Attorneys: Adelphia’s Troubling Precedent
By John Sheahan, Trial Attorney, Office of the General Counsel, EOUST. Reprinted with permission from ABI Journal (Vol. XXXI, No. 4, May 2012). This Web-posted version may appear slightly different from the published article.

$25 Billion Mortgage Servicer Settlement: Implications for the U.S. Trustee Program and the Bankruptcy System

By Clifford J. White III, Director, EOUST, and Ramona D. Elliott, Deputy Director/General Counsel, EOUST. Reprinted with permission from ABI Journal (Vol. XXXI, No. 2, March 2012). This Web-posted version may appear slightly different from the published article.

Control, Preservation, and Sale of Estate Assets for the Benefit of Creditors

By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 28, Issue 1, Spring 2012). This Web-posted version may appear slightly different from the published article.

The Year in Review: Accomplishments in 2011

By Doreen Solomon, Assistant Director, Office of Oversight, EOUST, and Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, Office of Oversight, EOUST. Reprinted with permission from NACTT Quarterly (January/February/March 2012). This Web-posted version may appear slightly different from the published article.

Assessing the Data: Filing Trends in Bankruptcy, 2007-2011

By Ed Flynn, Operations Research Analyst, and Thomas Kearns, Assistant Director for Planning and Evaluation, EOUST. Reprinted with permission from ABI Journal (Vol. XXX, No. 9, November 2011). This Web-posted version may appear slightly different from the published article.

Committee Formation and Reformation: Considerations and Best Practices

By Roberta DeAngelis, United States Trustee, Region 3, and Nan R. Eitel, Associate General Counsel for Chapter 11 Practice, Office of the General Counsel, EOUST. Reprinted with permission from ABI Journal (Vol. XXX, No. 8, October 2011). This Web-posted version may appear slightly different from the published article.

Strong Internal Controls are Essential to Protection of Bankruptcy Estate Assets

By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, Office of Oversight, EOUST. Reprinted with permission from NABTalk (Vol. 27, Issue 2, Summer 2011). This Web-posted version may appear slightly different from the published article.

USTP Language Assistance Program Data is Available on New ‘Interactive Dashboard’

By Tanta Caraman,  Statistician, EOUST, and Thomas Kearns, Assistant Director for Planning and Evaluation, EOUST. Reprinted with permission from ABI Journal (Vol. XXX, No. 5, June 2011). This Web-posted version may appear slightly different from the published article.

The Making Home Affordable Program Offers Options for Homeowners in Bankruptcy

By Doreen Solomon, Assistant Director, Office of Oversight, EOUST, and Erin Sagransky, Policy Analyst, Department of the Treasury, Office of Financial Stability, Homeownership Preservation Office. Reprinted with permission from NACTT Quarterly (April/May/June 2011). This Web-posted version may appear slightly different from the published article.

The Supreme Court Interprets the Means Test

By Mark A. Redmiles, Deputy Director for Field Operations, EOUST. Reprinted with permission from ABI Journal (Vol. XXX, No. 3, April 2011). This Web-posted version may appear slightly different from the published article.

The Making Home Affordable Program Offers Options for Homeowners in Bankruptcy

By Doreen Solomon, Assistant Director, Office of Oversight, EOUST, and Erin Sagransky, Policy Analyst, Department of the Treasury, Office of Financial Stability, Homeownership Preservation Office. Reprinted with permission from NABTalk (Vol. 27, Issue 1, Spring 2011). This Web-posted version may appear slightly different from the published article.

Structured Dismissals, or Cases Dismissed Outside the Code’s Structure?

By Nan Roberts Eitel, Associate General Counsel for Chapter 11 Practice, EOUST; T. Patrick Tinker, Acting Assistant U.S. Trustee, Wilmington; and Lisa L. Lambert, Trial Attorney, Dallas. Reprinted with permission from ABI Journal (Vol. XXX, No. 2, March 2011). This Web-posted version may appear slightly different from the published article.

USTP Participates in Nationwide Sweep Targeting Investment Fraud Schemes

By Sandra R. Klein, Acting Assistant Director, Office of Criminal Enforcement, EOUST, and Sandra Taliani Rasnak, Assistant U.S. Trustee, Chicago. Reprinted with permission from ABI Journal (Vol XXX, No. 1, February 2011). This Web-posted version may appear slightly different from the published article.

Supreme Court to Decide Meaning of ‘Applicable’ Transportation Expenses–Ransom v. FIA Card Services, N.A., f/k/a MBNA America Bank, N.A.

By Doreen Solomon, Assistant Director, Office of Oversight, EOUST, and Carrie Weinfeld, Trial Attorney, EOUST. Reprinted with permission from NACTT Quarterly (January/February/March 2011). This Web-posted version may appear slightly different from the published article.

Professional Fees under the Code: Where Have We Been, and Where Are We Going?

By Clifford J. White III, Director, EOUST, and Walter W. Theus, Jr., Trial Attorney, Office of General Counsel, EOUST.  Reprinted with permission from ABI Journal (Vol. XXIX, No. 10, December/January 2011). This Web-posted version may appear slightly different from the published article.

Creditor Abuse and Mortgage Fraud Targeted in Nationwide Settlements and Inter-Agency ‘Sweep’

by Clifford J. White III, Director, EOUST. Reprinted with permission from NABTalk (Vol. 26, Issue 3, Fall 2010). This Web-posted version may appear slightly different from the published article.

Monthly Management Reports: the Most Effective Oversight Tool for Standing Trustees

by Doreen Solomon, Assistant Director, Review and Oversight, EOUST, and Martha Hallowell, Deputy Assistant Director, Standing Trustee Oversight, EOUST. Reprinted with permission from NACTT Quarterly (July/August/September 2010). This Web-posted version may appear slightly different from the published article.

USTP Actions Against Mortgage Fraud, Abuse, are Part of Financial Fraud Enforcement Task Force Sweep

By Gail Geiger, Acting Associate General Counsel for Consumer Practice, EOUST, and Sandra Taliani Rasnak, Assistant U.S. Trustee, Chicago. Reprinted with permission from the ABI Journal, Vol. XXIX, No. 6, July/August 2010. This Web-posted version may appear slightly different from the published article.

U.S. Trustee Program Posts Bankruptcy Data on Data.gov Web Site

By Chris Haverstock, Statistician, and Phil Crewson, Assistant Director, Research and Planning, EOUST. Reprinted with permission from the ABI Journal, Vol. XXIX, No. 5, June 2010. This Web-posted version may appear slightly different from the published article.

Mortgage Fraud and Mortgage Rescue Schemes: How Panel Trustees Can Help Uncover These Schemes

By Doreen Solomon, Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the Journal of the National Association of Bankruptcy Trustees (NABTalk), Vol. 26, Issue 2 (Summer 2010). This Web-posted version may appear slightly different from the published article.

USTP’s Efforts to Protect Against Creditors’ Disclosure of Individuals’ Personally Identifiable Information

By Wendy Tien, Deputy Assistant Director, Office for Review and Oversight, EOUST. Reprinted with permission from the ABI Journal, Vol. XXIX, No. 4, May 2010. This Web-posted version may appear slightly different from the published article.

Will Lanning Bring Resolution to the Debate Over the Meaning of Projected Disposable Income?

By Doreen Solomon, Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the National Association of Chapter 13 Trustees (NACTT) Quarterly, April/May/June 2010. This Web-posted version may appear slightly different from the published article.

USTP’s Civil Enforcement Activity Targets Mortgage Fraud and Mortgage Rescue Schemes

By Sandra Taliani Rasnak, Assistant U.S. Trustee, Chicago. Reprinted with permission from the ABI Journal, Vol. XXIX, No. 2, March 2010. This Web-posted version may appear slightly different from the published article.

Make the Most of Your Next Trustee Audit

By Suzanne Hazard, Deputy Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the Journal of the National Association of Bankruptcy Trustees (NABTalk), Vol. 26, Issue 1 (Spring 2010). This Web-posted version may appear slightly different from the published article.

Individual Chapter 11s: Case Closing Reconsidered

By Walter W. Theus, Jr., Trial Attorney, EOUST. Reprinted with permission from the ABI Journal, Vol. XXIX, No. 1, February 2010. This Web-posted version may appear slightly different from the published article.

Strong Partnership with NACTT Produces Many Successes in 2009

By Doreen Solomon, Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the National Association of Chapter 13 Trustees (NACTT) Quarterly, January/February/March 2010. This Web-posted version may appear slightly different from the published article.

USTP’s Report on Criminal Referrals Highlights Criminal Enforcement Activity

By Sandra R. Klein, Acting Chief, Criminal Enforcement Unit, EOUST, and Philip Crewson, Assistant Director, Research and Planning, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 9, November 2009. This Web-posted version may appear slightly different from the published article.

U.S. Trustee Program Announces Free Telephonic Interpreter Services for Meetings of Creditors

By Clifford J. White III, Director, EOUST, and Lisa A. Tracy, Deputy General Counsel, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 8, October 2009. This Web-posted version may appear slightly different from the published article.

Uniform Trustee Final Reports are Revised to Accommodate Local Variations, Allow Flexibility

By Doreen Solomon, Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the Journal of the National Association of Bankruptcy Trustees (NABTalk), Vol. 25, Issue 3 (Fall 2009). This Web-posted version may appear slightly different from the published article.

USTP Initiative Combats Bankruptcy-Related Mortgage and Real Estate Fraud

By Sandra R. Klein, Acting Chief, Criminal Enforcement Unit, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 6, July/August 2009. This Web-posted version may appear slightly different from the published article.

Section 1308 and Tax Returns-the Standing Trustee’s Conduct of the Meeting of Creditors Takes on New Significance

by Doreen Solomon, Assistant Director, Review and Oversight, EOUST, and Carrie Weinfeld, Trial Attorney, EOUST. Reprinted with permission from the National Association of Chapter 13 Trustees (NACTT) Quarterly, July/August/September 2009. This Web-posted version may appear slightly different from the published article.

Exemption Elasticity? The Ongoing Debate Over Unlimited or In-Kind Exemptions

by Mark A. Redmiles, Principal Deputy Director, EOUST, and Carrie Weinfeld, Trial Attorney, Review and Oversight, EOUST. Reprinted with permission from the Journal of the National Association of Bankruptcy Trustees (NABTalk), Vol. 25, Issue 2 (Summer 2009). This Web-posted version may appear slightly different from the published article.

Does ‘Improvident’ Mean ‘Immutable’?The Standard of Review for Advisors’ Professional Fees

By Diana G. Adams, U.S. Trustee for Region 2, and Roberta A. DeAngelis, Acting U.S. Trustee for Region 3. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 5, June 2009. This Web-posted version may appear slightly different from the published article.

Chapter 11 Filing Trends in History and Today

By Ed Flynn, Operations Research Analyst, and Phil Crewson, Assistant Director, Research and Planning, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 4, May 2009. This Web-posted version may appear slightly different from the published article.

Protecting Personally Identifiable Information:  Your Responsibility as a Chapter 7 Trustee

By Doreen Solomon, Assistant Director, Review and Oversight, EOUST.  Reprinted with permission from the Journal of the National Association of Bankruptcy Trustees (NABTalk), Vol. 25, Issue 1 (Spring 2009). This Web-posted version may appear slightly different from the published article.

Chapter 13 Trustees Weigh Advantages and Disadvantages of Paying Debtors’ Ongoing Mortgages

by Doreen Solomon, Assistant Director, and Martha Hallowell, Deputy Assistant Director, Review and Oversight, EOUST. Reprinted with permission from the National Association of Chapter 13 Trustees (NACTT) Quarterly. This Web-posted version may appear slightly different from the published article.

Implementation of the National Guard and Reservists Debt Relief Act of 2008

By Lisa A. Tracy, Deputy General Counsel, and David I. Gold, Trial Attorney, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVIII, No. 1. This Web-posted version may appear slightly different from the published article.

The Top Five Myths About Debtor Audits

By Lisa A. Tracy, Deputy General Counsel, and Thomas C. Kearns, Trial Attorney, EOUST. Reprinted with permission from the ABI Journal, Vol. XXVII, No. 10. This Web-posted version may appear slightly different from the published article.

Protecting Personally Identifiable Information: Your Responsibility as a Trustee

by Doreen Solomon, Assistant Director, EOUST. Reprinted with permission from the National Association of Chapter 13 Trustees (NACTT) Quarterly. This Web-posted version may appear slightly different from the published article.