After Congressional bills become laws, Federal Departments and Agencies are responsible for implementing those laws through regulations. Regulations are developed through the Federal rulemaking process. In general, Departments and Agencies publish proposed rules for public comment in the Federal Register for at least 30 days. At the conclusion of the comment period, Departments or Agencies consider the public comments received and then issue a final rule (which is also published in the Federal Register).
Pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the Executive Office for United States Trustees has issued the following notices of proposed rulemaking or final rules.
NOTICES OF PROPOSED RULEMAKING:
Docket No. EOUST 102
Application Procedures and Criteria for Approval of Nonprofit Budget and
Credit Counseling Agencies by United States Trustees |
The proposed rule sets forth procedures and criteria that United States Trustees shall use in determining whether applicants seeking to become or to remain as an approved nonprofit budget and credit counseling agency under 11 U.S.C. § 111 satisfy all prerequisites of the United States Code (as implemented under the proposed rule). The proposed rule was published in the Federal Register (73 Fed. Reg. 6062 – 6073 (Feb. 1, 2008)), and comments were accepted through April 1, 2008. The proposed rule and the comments received are available for viewing online at Regulations.gov. The United States Trustee Program is reviewing the public comments and other information and will issue a Final Rule when that process is completed.
Note: Credit counseling agencies remain subject to the July 5, 2006, Interim Final Rule [PDF - 137 KB] until this proposed rule becomes effective. The Interim Final Rule also remains in effect for debtor education providers; a separate proposed rule relating to debtor education providers is expected to be published shortly.
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FINAL RULES:
Docket No. EOUST 101
Procedures for Completing Uniform Forms of Trustee Final Reports in Cases
Filed Under Chapters 7, 12, and 13 of the Bankruptcy Code |
Section 602 of the BAPCPA, codified at 28 U.S.C. § 589b, requires the Attorney General to issue rules requiring uniform forms for final reports by trustees under chapters 7, 12, and 13 of the Bankruptcy Code (uniform forms). The proposed rule was published in the Federal Register (73 Fed. Reg. 6447 – 6451 (Feb. 4, 2008)), and comments were accepted through April 4, 2008. After considering the public comments and other information, the final rule has been published in the Federal Register (73 Fed. Reg. 58438 – 58445 (Oct. 7, 2008)). The rule is effective April 1, 2009. It is available for viewing in Adobe Acrobat at the following link [PDF - 124 KB], or online at Regulations.gov.
The uniform forms referenced in the final rule are available for review below:
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| Sample Acroform and XMP Approach |
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Format |
Description |
Modified Date |
UST Form 102-7-NFR
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[Acroform - 30KB]
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Acroform Approach |
October 31, 2008 |
| UST Form 102-7-NFR |
[XML Schema - 9KB] |
Sample Schema to be used with XMP Approach* |
October 31, 2008 |
| * The United States Trustee Program is in the process of creating a sample XMP document, and it will be posted upon completion.
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