2020 -- Acts by a U.S. trustee; Reviewing Acts
FRBP 2020 indicates that a proceeding to contest any act or failure to act by a United States trustee is a contested matter governed by FRBP 9014. The U.S. trustee is authorized to perform numerous activities in any bankruptcy case or adversary proceeding.
U.S. Trustee Abilities, and their importance
- 28 U.S.C. 586 -- These statutes provide U.S. trustee jurisdiction and powers to appoint other trustees, regulate bankruptcy proceedings, create and require reports to be submitted, and oversee chapter 11 debtors and activities
- BK Code 307 -- U.S. trustee may appear and be heard on any issue in any bankruptcy case or adversary proceeding
- FRBP 2002(j) -- U.S. trustee must be served with many notices
- FRBP 2017 -- Examining transactions between a debtor and debtor's attorney
- FRBP 9034 -- U.S. trustee must be served with many motions and other documents
U.S. Trustee Duties: Examples of duties include:
- File Reports -- for example, see FRBP 2003(d)
- Conduct 341(a) Meeting of Creditors -- see FRBP 2003
- Investigate Chapter 7 Debtor's Presumption of Abuse -- see Bankruptcy Code section 707
- Appoint a Trustee, Examiner, Creditors Committee, Patient Care Ombudsman -- see chapter3, 7 and 11, and FRBP 2007.1
Reviewing U.S. Trustee Activities
- FRBP 2007 -- reviewing appointment of a creditors committee in a chapter 9 or chapter 11 case if members were appointed prior to the date a bankruptcy petition was filed.
- FRBP 2020 -- applying contested matter provisions of FRBP 9014
- FRBP 2007.1 -- reviewing appointmen t of a chapter 11 trustee
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
2020