Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 12– ADJUSTMENT OF DEBTS OF A FAMILY FARMER
WITH REGULAR ANNUAL INCOME


Sub Chapter – Officers, Administration, and The Estate

Sec. 1202. Trustee

   (a) If the United States trustee has appointed an individual under 
section 586(b) of title 28 to serve as standing trustee in cases under 
this chapter and if such individual qualifies as a trustee under section 
322 of this title, then such individual shall serve as trustee in any 
case filed under this chapter. Otherwise, the United States trustee 
shall appoint one disinterested person to serve as trustee in the case 
or the United States trustee may serve as trustee in the case if 
necessary.
    (b) The trustee shall--
        (1) perform the duties specified in sections 704(2), 704(3), 
    704(5), 704(6), 704(7), and 704(9) of this title;
        (2) perform the duties specified in section 1106(a)(3) and 
    1106(a)(4) of this title if the court, for cause and on request of a 
    party in interest, the trustee, or the United States trustee, so 
    orders;
        (3) appear and be heard at any hearing that concerns--
            (A) the value of property subject to a lien;
            (B) confirmation of a plan;
            (C) modification of the plan after confirmation; or
            (D) the sale of property of the estate;

        (4) ensure that the debtor commences making timely payments 
    required by a confirmed plan; and
        (5) if the debtor ceases to be a debtor in possession, perform 
    the duties specified in sections 704(8), 1106(a)(1), 1106(a)(2), 
    1106(a)(6), 1106(a)(7), and 1203.

(Added and amended Pub. L. 99-554, title II, Secs. 227, 255, title III, 
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3103, 3106, 3124; Pub. L. 105-277, 
div. C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610.)

                         Termination of Section

        For termination of reenactment of this section by section 149(a) 
    of Pub. L. 105-277, see Repeal, Reenactment, and Termination of 
    Chapter note set out under section 1201 of this title.

                          Codification

    Section repealed effective Oct. 1, 1998, by Pub. L. 99-554, title 
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub. L. 
103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311. Section, as in effect on 
Sept. 30, 1998, reenacted by Pub. L. 105-277, div. C, title I, 

Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610, for the period beginning 
on Oct. 1, 1998, and ending on Apr. 1, 1999. See Repeal, Reenactment, 
and Termination of Chapter note set out under section 1201 of this 
title.


                               Amendments

    1986--Subsecs. (c), (d). Pub. L. 99-554, Sec. 227, struck out 
subsecs. (c) and (d) which read as follows:
    ``(c) If the number of cases under this chapter commenced in a 
particular judicial district so warrants, the court may appoint one or 
more individuals to serve as standing trustee for such district in cases 
under this chapter.
    ``(d)(1) A court that has appointed an individual under subsection 
(a) of this section to serve as standing trustee in cases under this 
chapter shall set for such individual--
        ``(A) a maximum annual compensation not to exceed the lowest 
    annual rate of basic pay in effect for grade GS-16 of the General 
    Schedule prescribed under section 5332 of title 5; and
        ``(B) a percentage fee not to exceed the sum of--
            ``(i) not to exceed ten percent of the payments made under 
        the plan of such debtor, with respect to payments in an 
        aggregate amount not to exceed $450,000; and
            ``(ii) three percent of payments made under the plan of such 
        debtor, with respect to payments made after the aggregate amount 
        of payments made under the plan exceeds $450,000;
    based on such maximum annual compensation and the actual, necessary 
    expenses incurred by such individual as standing trustee.
    ``(2) Such individual shall collect such percentage fee from all 
payments under plans in the cases under this chapter for which such 
individual serves as standing trustee. Such individual shall pay 
annually to the Treasury--
        ``(A) any amount by which the actual compensation received by 
    such individual exceeds five percent of all such payments made under 
    plans in cases under this chapter for which such individual serves 
    as standing trustee; and
        ``(B) any amount by which the percentage fee fixed under 
    paragraph (1)(B) of this subsection for all such cases exceeds--
            ``(i) such individual's actual compensation for such cases, 
        as adjusted under subparagraph (A) of this paragraph; plus
            ``(ii) the actual, necessary expenses incurred by such 
        individual as standing trustee in such cases.''

See section 586(b) and (e) of Title 28, Judiciary and Judicial 
Procedure.


                             Effective Date

    Section effective 30 days after Oct. 27, 1986, and before the 
amendment by section 227 of Pub. L. 99-554, see section 302(c)(2) of 
Pub. L. 99-554, set out as an Effective Date of 1986 Amendment note 
under section 581 of Title 28, Judiciary and Judicial Procedure.
    Effective date and applicability of amendment by section 227 of Pub. 
L. 99-554 dependent upon the judicial district involved, see section 
302(d), (e) of Pub. L. 99-554.


  References in Subsection (a) Temporarily Deemed To Be References to 
                            Other Provisions

    Until the amendments made by subtitle A (Secs. 201 to 231) of title 
II of Pub. L. 99-554 become effective in a district and apply to a case, 
in subsec. (a) of this section--
        (1) the first two references to the United States trustee are 
    deemed to be references to the court, and
        (2) any reference to section 586(b) of Title 28, Judiciary and 
    Judicial Procedure, is deemed to be a reference to subsec. (c) of 
    this section,
see section 302(c)(3)(B), (d), (e) of Pub. L. 99-554, set out as an 
Effective Date note under section 581 of Title 28.

                  Section Referred to in Other Sections

    This section is referred to in sections 322, 326, 327, 546, 557, 
1226 of this title.


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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software