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Standing Trustees are
appointed by United States Trustees under 28 U.S.C. 586 to administer
chapter 13 bankruptcy cases. The following "Pledge of Excellence"
was developed by the U.S. Trustee Program in conjunction with the National
Association of Chapter 13 Trustees to reflect that standing trustees are
committed to the highest standards of professional, moral and ethical
conduct.
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Standing Trustee Pledge of Excellence
Standing Trustees are committed to excellence and to
providing a high level of trust and service to chapter 13 debtors and
creditors. Creditors, debtors, attorneys, judges and others who come
into contact with Standing Trustees are entitled to service which adheres
to the highest standards of professional, moral and ethical conduct.
1. The Trustee's office should be open and operating Monday through
Friday during regular business hours.
2. The Trustee should have a system in place to promptly respond in
a meaningful manner to inquiries from debtors, creditors, attorneys, and
other interested parties.
3. If the trustee is not personally available, the trustee should
have competent staff available to assist or to respond to inquiries.
4. The trustee should work to ensure that debtors comply with their
obligations under the Bankruptcy Code and Rules.
5. The trustee should work to ensure that debtors comply with the
provisions of their plan and should take appropriate action if the debtor
fails to commence plan payments when required or if there is a subsequent
default in plan performance.
6. The trustee should maintain a system which efficiently tracks the
progress and the receipts and disbursements in every chapter 13 case, from
the time it is filed until the case is closed.
7. The Trustee should have a system to timely and accurately record
all receipts and disbursements on the appropriate debtor ledger.
8. The trustee should disburse plan payments to creditors on a
monthly basis, and should have procedures in place to properly classify
and pay creditor's claims and to detect and recover any erroneous
payments.
9. The trustee should ensure that all trust account ledgers and
accounts are balanced on a monthly basis and should have a procedure to
regularly review all cases with significantly large balances on hand or
other fund irregularities.
10. The trustee should maintain a reasonably comprehensive system of
internal controls over accounting and office operations, both paper and
electronic, to safeguard estate assets and trust funds. |
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