Consumer Bankruptcy Law and Practice: 28 U.S.C. § 588. Expenses
Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General.
[Added by Pub. L. No. 95-598, § 224(a), 92 Stat. 2664 (1978).]
Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General.
[Added by Pub. L. No. 95-598, § 224(a), 92 Stat. 2664 (1978).]
The United States trustee may employ staff and other employees on approval of the Attorney General.
[Added by Pub. L. No. 95-598, § 224(a), 92 Stat. 2664 (1978).]
(a) There is hereby established in the Treasury of the United States a special fund to be known as the “United States Trustee System Fund” (hereinafter in this section referred to as the “Fund”). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees—
(1) salaries and related employee benefits;
(a) Rules. The Attorney General shall, within a reasonable time after the effective date of this section, issue rules requiring uniform forms for (and from time to time thereafter to appropriately modify and approve)—
(1) final reports by trustees in cases under chapters 7, 12, and 13 of title 11; and
(2) periodic reports by debtors in possession or trustees in cases under chapter 11 of title 11.
(a) Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
(a) 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.
(b) A tax under subsection (a) shall be paid on or before the due date of the tax under applicable nonbankruptcy law, unless—
(a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11.
(b) Except as provided in subsection (e)(2), and notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.
Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district—
(a) Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending.
A case under chapter 15 of title 11 may be commenced in the district court of the United States for the district—
(1) in which the debtor has its principal place of business or principal assets in the United States;
(2) if the debtor does not have a place of business or assets in the United States, in which there is pending against the debtor an action or proceeding in a Federal or State court; or
(a) Offense. A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.
A person who, being a custodian, trustee, marshal, or other officer of the court—
(1) knowingly purchases, directly or indirectly, any property of the estate of which the person is such an officer in a case under title 11;
(2) knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person’s charge by parties when directed by the court to do so; or
(a) The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, the following filing fees:
(1) For a case commenced under—
(A) chapter 7 of title 11, $245, and
(B) chapter 13 of title 11, $235.
This appendix reproduces the Consumer Arbitration Rules of the American Arbitration Association (the AAA).1 The AAA Commercial Arbitration Rules and Mediation Procedures, Supplementary Rules for Class Arbitrations, and disclosures for use in California consumer arbitration cases, including an
Millions of consumer purchases take place each year. Occasionally, these transactions lead to disagreements between consumers and businesses. These disputes can be resolved by arbitration. Arbitration is usually faster and cheaper than going to court.
(a) The parties shall have made these Consumer Arbitration Rules (“Rules”) a part of their arbitration agreement whenever they have provided for arbitration by the American Arbitration Association (“AAA”), and
1) have specified that these Consumer Arbitration Rules shall apply;
(a) Arbitration filed under an arbitration agreement naming the AAA shall be started in the following manner:
(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following:
The arbitrator may issue any orders necessary to enforce the provisions of rules R-21 and R-22 and to otherwise achieve a fair, efficient, and economical resolution of the case, including, but not limited to:
(a) an order setting the conditions for any exchange or production of confidential documents and information, and the admission of confidential evidence at the hearing in order to preserve such confidentiality;
The arbitrator may consider a party’s request to file a written motion (except for Dispositive Motions—see R-33) only after the parties and the arbitrator conduct a conference call to attempt to resolve the issue that gives rise to the proposed motion. Only after the parties and the arbitrator hold the call may the arbitrator consider a party’s request to file a written motion. The arbitrator has the sole discretion to allow or deny the filing of a written motion and his or her decision is final.
Any party may participate in the arbitration without representation, or may be represented by counsel or other authorized representative, unless such choice is prohibited by applicable law. A party intending to be represented shall give the opposing party and the AAA the name, address, and contact information of the representative at least three business days before the hearing where that representative will first appear in the case.
The arbitrator will set the date, time, and place for each hearing within the locale as determined in R-11. A hearing may be by telephone or in person. For their part, the parties commit to
(1) respond promptly to the arbitrator when he or she asks what dates the parties are available to have the hearings;
(2) cooperate in the scheduling of the hearing on the earliest possible date; and
(a) If a party wants a written record of the hearing, that party must make such arrangement directly with a stenographer (court reporter) and notify the opposing parties, the AAA, and the arbitrator of these arrangements at least three business days before the hearing. The party or parties who request the written record shall pay the cost of the service.
(b) No other type of recording will be allowed unless the parties agree or the arbitrator directs a different form of recording.
If a party wants an interpreter present for any part of the process, that party must make arrangements directly with the interpreter and shall pay for the costs of the service.
Disputes may be resolved by submission of documents and without in-person or telephonic hearings. For cases being decided by the submission of documents only, the Procedures for the Resolution of Disputes through Document Submission (found at the end of these Rules) shall supplement these Rules. These Procedures will apply where no disclosed claims or counterclaims exceed $25,000 (see R-1(g)), unless any party requests an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary.
The arbitrator and the AAA will keep information about the arbitration private except to the extent that a law provides that such information shall be shared or made public. The parties and their representatives in the arbitration are entitled to attend the hearings. The arbitrator will determine any disputes over whether a non-party may attend the hearing.