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Rulemaking

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.

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, required 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 was published in the Federal Register (73 Fed. Reg. 58438 – 58445 (Oct. 7, 2008)).  The rule is effective April 1, 2009, and it is available for viewing in Adobe Acrobat at the following link [PDF - 124 KB], or online at Regulations.gov. The uniform forms and instructions are available on the Uniform Final Reports page of this Web site.


Docket No. EOUST 103
Procedures Governing Administrative Review of a United States Trustee’s Decision to Deny a
Chapter 12 or Chapter 13 Standing Trustee’s Claim of Actual, Necessary Expenses

The final rule sets forth the procedures for a chapter 12 or chapter 13 standing trustee to obtain administrative review of a United States Trustee’s decision to deny a trustee’s claim that certain expenses are actual and necessary for the administration of bankruptcy cases.  The proposed rule was published in the Federal Register (74 Fed. Reg. 41,101 - 41,104 (August 14, 2009)), and comments were accepted through October 13, 2009.  After considering the public comments, the final rule was published in the Federal Register (76 Fed. Reg. 31,225 – 31,230 (May 31, 2011)). The rule is effective June 30, 2011, and it is available for viewing in Adobe Acrobat at the following link [PDF - 86KB], or online at Regulations.gov.


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 [PDF - 139 KB] 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 - 138 KB]  until this proposed rule becomes final and effective.

Docket No. EOUST 104
Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course by United States Trustees

The proposed rule [PDF - 120 KB] sets forth procedures and criteria that United States Trustees shall use when determining whether applicants seeking to become or to remain as an approved provider of a personal financial management instructional course under 11 U.S.C. § 111 satisfy all prerequisites of the United States Code (as implemented under this rule). The proposed rule was published in the Federal Register at 73 Fed. Reg. 67435-67444 (Nov. 14, 2008), and comments were accepted through January 13, 2009.   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: Debtor education providers remain subject to the July 5, 2006, Interim Final Rule [PDF - 138 KB] until this proposed rule becomes final and effective.

 

Tuesday, September 18, 2012 2:56 PM