The United States Trustee is the appointee charged with enforcing civil bankruptcy laws in the U.S.A. The U.S. Trustee also makes reference in criminal cases to the United States Attorney.
The Office of the U.S. Trustee is part of the U.S. Department of Justice. There are around two dozen Assistant U.S. Trustees spread about the nation.
Interim Trustees serve by the U.S. Trustee's appointment. These interim trustees include Chapter 7 panel trustees and Standing Chapter 13 trustees. The latter two trustee classes supervise the routine administration of Chapter 7 and Chapter 13 cases, respectively.
Attorney and accounting employee staffers within the Assistants' offices review debtor filings for all chapters, enforce some egregious violates of the laws in 7s and 13s, and, along with creditors, act as the primary enforcers of the bankruptcy law in Chapter 11 cases.
Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court.
In most states, the UnitedStatestrustee is responsible for approving the providers that offer this special pre-bankruptcy briefing, and in the six districts located in Alabama and North Carolina, the bankruptcy administrator assigned to those districts approve them.
The UnitedStatestrustee and the bankruptcy administrators maintain a list of approved providers.
An interim trustee may not be appointed under this rule unless the movant furnishes a bond in an amount approved by the court, conditioned to indemnify the debtor for costs, attorney's fee, expenses, and damages allowable under ยง 303(i) of the Code.
A proceeding on the trustee's bond may be brought by any party in interest in the name of the UnitedStates for the use of the entity injured by the breach of the condition.
If a trustee is appointed in a chapter 11 case or the debtor is removed as debtor in possession in a chapter 12 case, the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.
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