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Standing trustees are appointed by United States Trustees under 28 U.S.C. 586 to administer chapter 12-13 bankruptcy cases. The following "Pledge of Excellence" was developed by the U.S. Trustee Program in conjunction with the National Association of Chapter 13 Trustees to reflect that standing trustees are committed to the highest standards of professional, moral and ethical conduct.
STANDING TRUSTEE PLEDGE OF EXCELLENCE
Standing Trustees are committed to excellence and to providing a high level of trust and service to chapter 13 debtors and creditors. Creditors, debtors, attorneys, judges and others who come into contact with Standing Trustees are entitled to service which adheres to the highest standards of professional, moral and ethical conduct.
- The trustee's office should be open and operating Monday through Friday during regular business hours.
- The trustee should have a system in place to promptly respond in a meaningful manner to inquiries from debtors, creditors, attorneys, and other interested parties.
- If the trustee is not personally available, the trustee should have competent staff available to assist or to respond to inquiries.
- The trustee should work to ensure that debtors comply with their obligations under the Bankruptcy Code and Rules.
- The trustee should work to ensure that debtors comply with the provisions of their plan and should take appropriate action if the debtor fails to commence plan payments when required or if there is a subsequent default in plan performance.
- The trustee should maintain a system which efficiently tracks the progress and the receipts and disbursements in every chapter 13 case, from the time it is filed until the case is closed.
- The trustee should have a system to timely and accurately record all receipts and disbursements on the appropriate debtor ledger.
- The trustee should disburse plan payments to creditors on a monthly basis, and should have procedures in place to properly classify and pay creditors' claims and to detect and recover any erroneous payments.
- The trustee should ensure that all trust account ledgers and accounts are balanced on a monthly basis and should have a procedure to regularly review all cases with significantly large balances on hand or other fund irregularities.
- The trustee should maintain a reasonably comprehensive system of internal controls over accounting and office operations, both paper and electronic, to safeguard estate assets and trust funds.
Page Last Updated: Thursday, June 12, 2003 3:09 PM
U.S. Trustee Program/Department of Justice