U.S. Trustee Program: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, Second Session, July 24, 1996United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law U.S. Government Printing Office, 1996 - Broj stranica: 130 |
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abuses actions agency appointed assets Association of Bankruptcy authority Bankr bankruptcy administration Bankruptcy Code bankruptcy court bankruptcy estate bankruptcy fraud bankruptcy judges bankruptcy laws bankruptcy process Bankruptcy Review Commission bankruptcy system bankruptcy trustees believe Bodoh budget Chairman chapter 13 trustees Chapter 7 panel Circuit Committee compensation Congress creditors debtors decisions Department of Justice derived judicial immunity disputes districts duties EOUST exemptions expenses federal Federal Judicial Circuits fiduciary filings FREEDMAN funds GEKAS guidelines HILDEBRAND increased Inslaw involved issues Judiciary Justice Department legislation McDow ment Michel micromanagement monitor MORIN NABT NACBA National Bankruptcy operation oversight panel trustee parties Patchan percentage fee personal liability policies position prepared statement private trustees problems proposed quarterly fees responsibility role ruptcy served standards standing trustees statute statutory Subcommittee supervision supra Thank tion Trustee for Region U.S. Attorneys U.S. Trustee Program U.S. Trustee system United States Trustee unsecured creditors USTS
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Stranica 65 - That whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the state in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
Stranica 66 - Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation.
Stranica 97 - Committee, thank you for the opportunity to appear before you today. I would be pleased to answer any questions you may have.
Stranica 66 - ... restrain him. The effect upon the property of the trust of any attempt to enforce satisfaction of his judgment would be precisely the same as if his suit had been brought for the purpose of taking property from the possession of the receiver. A suit therefore brought without leave to recover judgment against a receiver for a money demand, is virtually a suit the purpose of which is and...
Stranica 67 - ... be, to take the property of the trust from his hands and apply it to the payment of the plaintiff's claim, without regard to the rights of other creditors or the orders of the court which is administering the trust property. We think, therefore, that it is immaterial whether the suit is brought against him to recover specific property or to obtain judgment for a money demand. In either case leave should be first obtained.
Stranica 129 - US attorneys and the organization components of the Department of Justice and other Federal agencies. US Trustee Program The US Trustee Program acts in the public interest to promote the efficiency and to protect and preserve the integrity of the bankruptcy system. It works to secure the just, speedy, and economical resolution of bankruptcy cases; monitors the conduct of parties, takes action to ensure compliance with applicable laws and procedures, and identifies and investigates bankruptcy fraud...
Stranica 58 - Fiduciary" is a term which applies to persons who occupy positions of peculiar confidence toward others, such as trustees, executors, and administrators. A fiduciary is a person who holds in trust an estate to which another has the beneficial title or in which another has a beneficial interest, or receives and controls income of another, as in the case of receivers. A committee or guardian of the property of an incompetent person is a fiduciary.
Stranica 103 - History of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, Public Law 99-554.
Stranica 30 - ... 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...
Stranica 58 - Rule 6009. Prosecution and Defense of Proceedings by Trustee or Debtor in Possession With or without court approval, the trustee or debtor in possession may prosecute or may enter an appearance and defend any pending action or proceeding by or against the debtor, or commence and prosecute any action or proceeding in behalf of the estate before any tribunal.