28 USC 586 - Duties; supervision by Attorney General

Editorial Notes

References in Text

Section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, referred to in subsecs. (a)(6) and (f)(1), is section 603(a) of Puspan. L. 109–8, which is set out as a note under this section.

Level V of the Executive Schedule, referred to in subsec. (e)(1)(A)(i), is set out in section 5316 of Title 5, Government Organization and Employees.

Codification

Section 408(c) of Puspan. L. 95–598, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(span) of Puspan. L. 99–554. See note set out preceding section 581 of this title.

Amendments

2019—Subsec. (a)(3). Puspan. L. 116–54, § 4(span)(1)(A), inserted “(including subchapter V of chapter 11)” after “chapter 7, 11” in introductory provisions.

Subsec. (span). Puspan. L. 116–54, § 4(span)(1)(B), inserted “subchapter V of chapter 11 or” after “number of cases under”.

Subsec. (d)(1). Puspan. L. 116–54, § 4(span)(1)(C), inserted “subchapter V of chapter 11 or” after “cases under” in two places.

Subsec. (e)(1), (2). Puspan. L. 116–54, § 4(span)(1)(D)(i), (ii), inserted “subchapter V of chapter 11 or” after “cases under” wherever appearing.

Subsec. (e)(5). Puspan. L. 116–54, § 4(span)(1)(D)(iii), added par. (5).

2010—Subsec. (a)(3)(A)(ii). Puspan. L. 111–327, § 2(c)(3)(A), substituted semicolon for period at end.

Subsec. (a)(7)(C). Puspan. L. 111–327, § 2(c)(3)(B), substituted “determine” for “identify”.

Subsec. (a)(8). Puspan. L. 111–327, § 2(c)(3)(C), struck out “the United States trustee shall” before “apply promptly”.

2005—Subsec. (a)(3). Puspan. L. 109–8, § 802(c)(3), substituted “13, or 15” for “or 13” in introductory provisions.

Subsec. (a)(3)(H), (I). Puspan. L. 109–8, § 439(1), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (a)(6). Puspan. L. 109–8, § 603(span)(1), added par. (6) and struck out former par. (6) which read as follows: “make such reports as the Attorney General directs;”.

Subsec. (a)(7), (8). Puspan. L. 109–8, § 439(2)–(4), added pars. (7) and (8).

Subsec. (d). Puspan. L. 109–8, § 1231(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (e)(3), (4). Puspan. L. 109–8, § 1231(span), added pars. (3) and (4).

Subsec. (f). Puspan. L. 109–8, § 603(span)(2), added subsec. (f).

1994—Subsec. (a)(3). Puspan. L. 103–394 inserted “12,” after “11,” in introductory provisions and amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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;”.

1990—Subsec. (e)(1)(A). Puspan. L. 101–509 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a maximum annual compensation for such individual, not to exceed the annual rate of basic pay in effect for step 1 of grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and”.

1986—Subsec. (a). Puspan. L. 99–554, § 113(a)(1), substituted “the region for which such United States trustee is appointed” for “his district” in introductory text.

Subsec. (a)(3). Puspan. L. 99–554, § 113(a)(2), substituted “title 11 by, whenever the United States trustee considers it to be appropriate—” for “title 11;” and added subpars. (A) to (H).

Subsec. (a)(5). Puspan. L. 99–554, § 113(a)(3), inserted “and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe” after “title 11”.

Subsec. (span). Puspan. L. 99–554, § 113(span), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “If the number of cases under chapter 13 of title 11 commenced in a particular judicial district so warrant, the United States trustee for such district 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 trustee, in cases under such chapter. The United States trustee for such district shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee.”

Subsec. (d). Puspan. L. 99–554, § 113(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under subsection (a)(1) of this section, and qualifications for appointment under subsection (span) of this section to serve as standing trustee in cases under chapter 13 of title 11. The Attorney General may not require that an individual be an attorney in order to qualify for appointment under subsection (span) of this section to serve as standing trustee in cases under chapter 13 of title 11.”

Subsec. (e). Puspan. L. 99–554, § 113(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows:

“(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (span) of this section to serve as standing trustee in cases under chapter 13 of title 11, shall fix—

“(A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and

“(B) a percentage fee, not to exceed ten percent, 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 under plans in the cases under chapter 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 pay to the Treasury—

“(A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under chapter 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 actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus

“(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases.”

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–54 effective 180 days after Aug. 23, 2019, see section 5 of Puspan. L. 116–54, set out as a note under section 101 of Title 11, Bankruptcy.

Effective Date of 2005 Amendment

Amendment by sections 439, 802(c)(3), and 1231 of Puspan. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Puspan. L. 109–8, set out as a note under section 101 of Title 11.

Amendment by section 603(span) of Puspan. L. 109–8 effective 18 months after Apr. 20, 2005, see section 603(e) of Puspan. L. 109–8, set out as a note under section 521 of Title 11, Bankruptcy.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Puspan. L. 103–394, set out as a note under section 101 of Title 11.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Puspan. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

Effective Date of 1986 Amendment

Effective date and applicability of amendment by Puspan. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Puspan. L. 99–554, set out as a note under section 581 of this title.

Audit Procedures

Puspan. L. 109–8, title VI, § 603(a), Apr. 20, 2005, 119 Stat. 122, provided that:

“(1)Establishment of procedures.—The Attorney General (in judicial districts served by United States trustees) and the Judicial Conference of the United States (in judicial districts served by bankruptcy administrators) shall establish procedures to determine the accuracy, veracity, and completeness of petitions, schedules, and other information that the debtor is required to provide under sections 521 and 1322 of title 11, United States Code, and, if applicable, section 111 of such title, in cases filed under chapter 7 or 13 of such title in which the debtor is an individual. Such audits shall be in accordance with generally accepted auditing standards and performed by independent certified public accountants or independent licensed public accountants, provided that the Attorney General and the Judicial Conference, as appropriate, may develop alternative auditing standards not later than 2 years after the date of enactment of this Act [Apr. 20, 2005].

“(2)Procedures.—Those procedures required by paragraph (1) shall—

“(A) establish a method of selecting appropriate qualified persons to contract to perform those audits;

“(B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be selected for audit;

“(C) require audits of schedules of income and expenses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by reason of higher income or higher expenses than the statistical norm of the district in which the schedules were filed; and

“(D) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported.”

Application to All Standing Trustees

Puspan. L. 101–509, title V, § 529 [title I, § 110(span)], Nov. 5, 1990, 104 Stat. 1427, 1452, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54 [Puspan. L. 99–554]; 100 Stat. 3121) [set out in an Effective Date of 1986 Amendment note under section 581 of this title] apply.”