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Chapter 1 - Introduction | |
March 1, 2001 Handbook A. Purpose B. The Bankruptcy Laws C. Jurisdiction and Venue D. Role of the United States Trustee |
July 1, 2002 Handbook Update No changes. |
Chapter 2 - Appointment to the Panel of Trustees | |
March 1, 2001 Handbook A. Eligibility B. Qualifications C. Term D. Performance Review E. Training |
July 1, 2002 Handbook Update No changes. |
Chapter 3 - Appointment of Panel Trustees to Cases | |
March 1, 2001 Handbook A. Appointment and Qualification of Interim Trustees B. Assignment of Cases C. Time and Duration of Interim Appointment D. Non-Panel Trustees in Converted Cases E. Involuntary Cases F. Successor Trustees |
July 1, 2002 Handbook Update No changes. |
Chapter 4 - Election of a Trustee | |
March 1, 2001 Handbook A. Eligibility to Request an Election and to Vote B. Trustee Election Procedure C. Disputed Elections D. Qualification of Elected Trustees E. Duties and Responsibilities of Elected Trustees |
July 1, 2002 Handbook Update No changes. |
Chapter 5 - Qualifications and Acceptance | |
March 1, 2001 Handbook A. Qualifications B. Acceptance upon Appointment C. Conflicts of Interest D. Solicitation of Gratuities, Gifts, or Other Remuneration or Thing of Value E. Bonds |
July 1, 2002 Handbook Update No changes. |
Chapter 6 - Duties of a Trustee | |
March 1, 2001 Handbook A. Introduction B. Statutory and General Duties C. Review of Petition, Schedules and Statements D. Review of Debtor's Attorney Fees E. Review for Petition Preparers F. Review for Substantial Abuse Under § 707(b) G. Transmission of Documents |
July 1, 2002 Handbook Update No changes in A - F. G. Transmission of Documents
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Chapter 7. Section 341(a) Meeting | |
March 1, 2001 Handbook Introductory Paragraphs A. Conducting the Meeting |
July 1, 2002 Handbook Update Introductory Paragraphs
A. Conducting the Meeting
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Chapter 7. Section 341(a) Meeting | |
March 1, 2001 Handbook B. Rescheduling and Continuances C. Non-attendance by Attorneys D. Non-attendance by Debtors E. Notification to United States Trustee of Debtor Identity Problems |
July 1, 2002 Handbook Update No changes B - D. E. Notification to United States Trustee of Debtor Identity Problems
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Chapter 8. Administration of a Case | |
March 1, 2001 Handbook A. Determination and Administration of No-Asset Cases B. Claims Bar Date C. Exemptions D. Abandonments E. Tax Considerations F. Turnover Demands G. Executory Contracts and Unexpired Leases H. Avoidance Powers I. Contested Matters and Adversary Proceedings |
July 1, 2002 Handbook Update No changes A - D. E. Tax Considerations
No changes F - I. |
Chapter 8. Administration of a Case, continued | |
March 1, 2001 Handbook J. Operating the Debtor's Business K. Sale of Assets L. Periodic Payments M. Employments and Supervision of Professionals N. Professional and Trustee Fee Applications O. Review of Claims P. Subordination of Claims Q. Redemption R. Reaffirmation S. Asset Case Closings 1. Trustee's Final Report (TFR or Pre-Distribution Report) 2. Distribution of Funds 3. Trustee's Final Account (TDR or Post-Distribution Report) 4. Distribution Report for Closed Asset Cases (Form 4) T. Case Progress U. Dismissals and Conversions V. Reopening Closed Cases W. Referral of Potential Bankruptcy Crimes |
July 1, 2002 Handbook Update No changes J - S.3 S.4. Distribution Report for Closed Asset Cases (Form 4)
T. Case Progress
No changes U - W. |
Chapter 9. Financial Policies, Procedures and Reporting Requirements Changed all 180-Day Report and Semi-Annual Report references to Trustee Interim Report (TIR) or interim report | |
March 1, 2001 Handbook A. Deposit and Investment of Estate Funds B. Financial Reporting and Record Keeping C. Special Considerations for Computer Systems D. Other Record Keeping Procedures and Internal Controls 1. Segregation of Duties 2. Monitoring Bank Accounts and Check Stock 3. Receipts 4. Handling Currency 5. Earnest Monies 6. Handling of Funds 7. Accounts Receivable 8. Disbursements |
July 1, 2002 Handbook Update A. Deposit and Investment of Estate Funds
B. Financial Reporting and Record Keeping
C. No change. D. Other Record Keeping Procedures and Internal Controls 1. Segregation of Duties
No changes to D.2 to D.7. 8. Disbursements
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Chapter 9. Financial Policies, Procedures and Reporting Requirements, continued Changed all 180-Day Report and Semi-Annual Report references to Trustee Interim Report (TIR) or interim report | |
March 1, 2001 Handbook 9. Maintaining Estate Records E. Audits, Examinations and Reviews
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July 1, 2002 Handbook Update 9. Maintaining Estate Records
E. Audits, Examinations and Reviews
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Chapter 10. Compliance Measures Changed all 180-Day Report and Semi-Annual Report references to Trustee Interim Report (TIR) or interim report | |
March 1, 2001 Handbook A. Remedial and Enforcement Actions B. Procedures for Suspension and Termination |
July 1, 2002 Handbook Update No other changes. |
Forms and Instructions 1) Changed all 180-Day Report and Semi-Annual Report references to Trustee Interim Report (TIR) or interim report 2) Updated for Uniform Transaction Codes 3) Made other changes or additions, as noted below: | |
March
1, 2001 Handbook
General Instructions Instructions for Form 1 Sample Form 1 Instructions for Form 2 Sample Form 2 Instructions for Form 3 Sample Form 3 |
July 1, 2002 Handbook Update Instructions for Form 1
Instructions for Form 2
No other changes. |
Sample Form 4 Instruction and Q's and A's for Form 4 Sample Case and Illustrative Forms 1, 2, and 3 |
Sample Form 4
Instructions for Form 4 (Q's and A's to be moved to internet)
Uniform Transaction Codes (new section-general overview and list of UTCs) Instructions for Uniform Transaction Codes (new to Handbook, 7/1/02 version) Sample Case and Illustrative Forms 1, 2, and 3
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Sample Chapter 7 Case and Illustrative Forms 1, 2, and 3 1) Changed all 180-Day Report and Semi-Annual Report references to Trustee Interim Report (TIR) or interim report 2) Updated for Uniform Transaction Codes |
Appendices | |
March 1, 2001 Handbook A - Section 341(a) Meeting of Creditors B - Sample Trustee's Report of No Distribution (NDR) C - United States Trustee Fee Guidelines D - Segregating Duties in a Small Trustee Operation E - Procedures for Suspension and Removal of Panel Trustees and Standing Trustees F - Notice of Voluntary Suspension G - Policy Statements for Earnest Monies and Handing Case |
July 1, 2002 Handbook Update A - Section 341(a) Meeting of Creditors
No changes in Appendices B and C D - Segregating Duties in a Small Trustee Operation
No changes in Appendices E - G H - Declaration Regarding Administration of Oath and Confirmation of Identity and Social Security Number I - Notice of Correction of Social Security Number in Bankruptcy Filing J - Notice to United States Trustee of Debtor Identity Problem |
Note: The Table of Contents, Index, and Table of Authorities were updated as applicable.