Career Opportunities with United States Trustee Program:
All positions with the USTP are posted on USAJOBs.
Bankruptcy Trustees in the Northern and Eastern Districts of Texas.
Currently there are no openings available for Trustee positions in the Northern or Eastern Districts. Any applications submitted will be maintained on file for consideration when openings arise.
Qualifications for Appointment as a Chapter 12 or 13 Standing Trustee.
Qualifications for Appointment as a Chapter 7 Panel Trustee.
Application for Appointment as Trustee (PDF format)
QUALIFICATIONS FOR MEMBERSHIP ON
PANELS OF PRIVATE TRUSTEES 28 CFR §58.3 (a) To be eligible for appointment to the panel and to
retain eligibility therefore, an individual must possess the qualifications
described in paragraph (b) of this section in addition to any other statutory
qualifications. A corporation or partnership may qualify as an entity for
appointment to the private panel. However, each person who, in the opinion of
the U.S. Trustee or of the Director, performs duties as trustee on behalf of a
corporation or partnership must individually meet the standards described in
paragraph (b) of this section, except that each U.S. Trustee, with the
approval of the Director, shall have the discretion to waive the applicability
of paragraph (b)(6) of this section as to any individual in a non-supervisory
position. No professional corporation, partnership, or similar entity
organized for the practice of law or accounting shall be eligible to serve on
the panel. (b) The qualifications for membership on the panel
are as follows: (1) Possess integrity and good moral character. (2) Be physically and mentally able to
satisfactorily perform a trustee's duties. (3) Be courteous and accessible to all parties
with reasonable inquiries or comments about a case for which such individual is serving as
private trustee. (4) Be free of prejudices against any individual,
entity, or group of individuals or entities which would interfere
with unbiased performance of a trustee's duties. (5) Not be related by affinity or consanguinity
within the degree of first cousin to any employee of the Executive
Office for United States Trustees of the Department of Justice, or
to any employee of the Office of the U.S. Trustee for the district
in which he or she is applying. (6) (i) Be a member in good standing of the
bar of the highest court of a state or of the District of
Columbia; or (ii) Be a certified public accountant; or (iii) Hold a bachelor's degree from a full
four-year course of study (or the equivalent) of an accredited
college or university (accredited as described in part II, §III
of Handbook X118 promulgated by the U.S. Office of Personnel
Management) with a major in a business-related field of study or
at least 20 semester-hours of business-related courses; or hold
a master's or doctoral degree in a business-related field of
study from a college or university of the type described above;
or (iv) Be a senior law student or candidate for
a master's degree in business administration recommended by the
relevant law school or business school dean and working under
the direct supervision of: (A) A member of a law school faculty, or (B) A member of the panel of private
trustee; or (C) A member of a program established by
the local bar association to provide clinical experience to
students; or (v) Have equivalent experience as deemed
acceptable by the U.S. Trustee. (7) Be willing to provide reports as required by
the U.S. Trustee. (8) Have submitted an application under oath, in
the form prescribed by the Director, to the U.S. Trustee for the
District in which appointment is sought: Provided, That this
provision may be waived by the U.S. Trustee on an approval of the
Director.
QUALIFICATIONS FOR STANDING TRUSTEES
28 U.S.C. § 586. Duties; Supervision by Attorney General.
(a) Each United States Trustee, within the region for which such United States Trustee is appointed, shall--
supervise the administration of cases and trustees in cases under chapter 7,11, or 13 of title 11 by, whenever the United States trustee considers it to be appropriate--
If the number of cases under chapter 12 or 13 of title 11 commenced in a particular region so warrants, the United States trustee for such region 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 trustees to serve in cases under such chapter. The United States trustee for such regional shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee.
The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under paragraph (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 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 12 or 13 of title 11.
(e)(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 12 or 13 of title 11, shall fix--
(A) a maximum annual compensation for such individual consisting of--
(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and
(ii)the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and
(B) a percentage free not to exceed--
(i) in the case of a debtor who is not a family farmer, ten percent; or
(2) Such individual shall collect such percentage fee from all payments received by such individual under plans in the cases under chapter 12 or 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 deposit in the United States Trustee System Fund--
(A) Any amount by which the actual compensation of such individual exceeds 5 per centum upon all payments received under plans in cases under chapter 12 or 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's actual compensation for such cases, as adjusted under subparagraph (A) of paragraph (1); plus
(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest earned from the deposit of payments under plans by such individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in subparagraph (d)(1)(B) of this section.
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Thursday, April 2, 2009 4:32 PM
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