HISTORICAL AND REVISION NOTES (28 U.S.C. § 586)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31.

AMENDMENTS

2010

Subsec. (a)(3)(A)(ii).  Pub. L. 111-327, § 2(c)(3)(A) struck the period at the end and inserted a semicolon.

Subsec. (a)(7)(C).  Pub. L. 111-327, § 2(c)(3)(B) struck "identify" and inserted "determine".

Subsec. (a)(8).  Pub. L. 111-327, § 2(c)(3)(C) struck "the United States trustee shall".

2005

Subsec. (a)(3). Pub. L. 109-8, § 802(c)(3), substituted “13, or 15” for “or 13” in introductory provisions.

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

Subsec. (a)(6). Pub. L. 109-8, § 603(b)(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). Pub. L. 109-8, § 439(2)(4), added pars. (7) and (8).

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

Subsec. (e)(3), (4). Pub. L. 109-8, § 1231(b), added pars. (3) and (4).

Subsec. (f). Pub. L. 109-8, § 603(b)(2), added subsec. (f).

1994 — Subsec. (a)(3). Pub. 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). Pub. 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). Pub. L. 99-554, Sec. 113(a)(1), substituted "the region for which such United States Trustee is appointed" for "his district" in introductory text.

Subsec. (a)(3). Pub. L. 99-554, Sec. 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). Pub. L. 99-554, Sec. 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. (b). Pub. L. 99-554, Sec. 113(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) 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). Pub. L. 99-554, Sec. 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 (b) 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 (b) of this section to serve as standing Trustee in cases under chapter 13 of title 11."

Subsec. (e). Pub. L. 99-554, Sec. 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 (b) 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."

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date.

1994 Acts. Amendment by Pub. 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 Pub. L. 103-394, set out as a note under section 101 of Title 11.

1990 Acts. Amendment by Pub. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

1986 Acts. Effective date and applicability of amendment by Pub. L. 99-554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of this title.

REFERENCES IN TEXT

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 Pub. L. 95-598, as amended, 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(b) of Pub. L. 99-554. See note set out preceding section 581 of this title.

APPLICATION TO ALL STANDING TRUSTEES

Section 529 (title I, Sec. 110(b)) of Pub. L. 101-509 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 (Pub. L. 99-554); 100 Stat. 3121) (set out in an Effective Date of 1986 Amendment note under section 581 of this title) apply."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 sections 326, 589a, 701, 703, 1202, 1302, 1326.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


FOOTNOTES (28 U.S.C. § 586)

Pub. L. 111-327 (12/22/10), § 2(c)(3)(A) struck the period at the end and inserted a semicolon.    •   


 

 

 

Pub. L. 111-327 (12/22/10), § 2(c)(3)(B) struck "identify" and inserted "determine".    •   

 

 

Pub. L. 111-327 (12/22/10), § 2(c)(3)(C) struck "the United States trustee shall".    •   

 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 586)

BAPCPA § 439(1)(A)    •    House Report 109-31    •   


BAPCPA § 439(1)(B)    •    House Report 109-31    •   


BAPCPA § 439(1)(C)    •    House Report 109-31    •   


BAPCPA § 439(2)    •    House Report 109-31    •   

 

 


BAPCPA § 439(3) (struck the "." and added the ";" at the end); BAPCPA § 603(b)(1) (added the redlined language)    •    House Report 109-31    •    House Report 109-31 (§ 603)

 


BAPCPA § 439(4)    •    House Report 109-31   •     -  586(a)(7)  -  586(a)(8)


BAPCPA § 603(b)(2)    •    House Report 109-31 (§ 603)    •   


BAPCPA § 802(c)(3)    •    House Report 109-31    •   


BAPCPA § 1231(a)(1)    •    House Report 109-31    •   


BAPCPA § 1231(a)(2)    •    House Report 109-31    •   


BAPCPA § 1231(b)    •    House Report 109-31    •      -  586(e)(3)  -  586(e)(4)


 

 

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Page Last Updated:  January 31, 2014