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Consumer Bankruptcy Law and Practice: § 830.20 Restricted Access to Tax Information

(a) For tax information to be filed with the court, it must be entered into a court’s CM/ECF system by selection of the “Tax Documents” event from the CM/ECF event list. (Note: Because a court may customize event names, “Tax Documents” may also be “Tax Information” or some other variation.)

(1) The tax information filed using this event is restricted to those users assigned a “court” log in (i.e., judicial officers and court employees).

Consumer Bankruptcy Law and Practice: § 830.30 Tax Information Disclosure Requests

To gain access to a debtor’s tax information under 11 U.S.C. § 521(f), the United States trustee or bankruptcy administrator, case trustee, and any party in interest, including a creditor, must follow the procedures provided below.

(a) A written request that a debtor file copies of tax returns with the court under 11 U.S.C. § 521(f) must be filed with the court and served on the debtor and debtor’s counsel, if any.

Consumer Bankruptcy Law and Practice: Source and Authority

AUTHORITY: 5 U.S.C. 301, 552; 11 U.S.C. 109(h), 111, 521(b), 727(a)(11), 1141(d)(3), 1202; 1302, 1328(g); 28 U.S.C. 509, 510, 586, 589b.

SOURCE: Order No. 921-80, 45 Fed. Reg. 82,631 (Dec. 16, 1980); 51 Fed. Reg. 44,288 (Dec. 9, 1986); 62 Fed. Reg. 30,183 (June 2, 1997); 62 Fed. Reg. 51,750 (Oct. 2, 1997); 71 Fed. Reg. 38,078 (July 5, 2006); 73 Fed. Reg. 58,444 (Oct. 7, 2008), unless otherwise noted.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.3 Qualification for membership on panels of private trustees.

(a) To be eligible for appointment to the panel and to retain eligibility therefor, an individual must possess the qualifications described in paragraph (b) of this section in addition to any other statutory qualifications. A corporation or partnership may qualify as an entity for appointment to the private panel. However, each person who, in the opinion of the U.S. Trustee or of the Director, performs duties as trustee on behalf of a corporation or partnership must individually meet the standards described in paragraph (b) of this section, except that each U.S.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.5 Non-discrimination in appointment.

The U.S. Trustees shall not discriminate on the basis of race, color, religion, sex, national origin or age in appointments to the private panel of trustees or of standing trustees and in this regard shall assure equal opportunity for all appointees and applicants for appointment to the private panel of trustees or as standing trustee. Each U.S. Trustee shall be guided by the policies and requirements of Executive Order 11478 of August 8, 1969, relating to equal employment opportunity in the Federal Government, section 717 of the Civil Rights Act of 1964, as amended (42 U.S.C.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.6 Procedures for suspension and removal of panel trustees and standing trustees.

(a) A United States Trustee shall notify a panel trustee or a standing trustee in writing of any decision to suspend or terminate the assignment of cases to the trustee including, where applicable, any decision not to renew the trustee’s term appointment. The notice shall state the reason(s) for the decision and should refer to, or be accompanied by copies of, pertinent materials upon which the United States Trustee has relied and any prior communications in which the United States Trustee has advised the trustee of the potential action.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.7 Procedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of the Bankruptcy Code.

(a) UST Form 101–7–TFR, Chapter 7 Trustee’s Final Report. A chapter 7 trustee must complete UST Form 101–7–TFR final report (TFR) in preparation for closing an asset case. This report must be submitted to the United States Trustee after liquidating the estate’s assets, but before making distribution to creditors, and before filing it with the United States Bankruptcy Court.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.8 Uniform Periodic Reports in Cases Filed Under Chapter 11 of Title 11.

(a) Scope. The requirements of this section apply to all chapter 11 debtors who do not qualify as a “small business debtor” under 11 U.S.C. 101(51D). Nothing in this section shall excuse, supersede, or otherwise modify any applicable nonbankruptcy reporting obligations, including, but not limited to, those set forth in chapters 2a through 2e of title 15 of the United States Code.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.12 Definitions.

(a) The following definitions apply to §§ 58.12 through and including 58.24 of this Part and the applications and other materials agencies submit in an effort to establish they meet the requirements necessary to become an approved nonprofit budget and credit counseling agency.

(b) These terms shall have these meanings:

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.13 Procedures all agencies shall follow when applying to become approved agencies.

(a) An agency applying to become an approved agency shall obtain an application, including appendices, from the United States Trustee.

(b) The agency shall complete the application, including its appendices, and attach the required supporting documents requested in the application.

(c) The agency shall submit the original of the completed application, including completed appendices and the required supporting documents, to the United States Trustee at the address specified on the application form.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.15 Procedures all approved agencies shall follow when applying for approval to act as an approved agency for an additional one year period.

(a) To be considered for approval to act as an approved agency for an additional one year term, an approved agency shall reapply by complying with all the requirements specified for agencies under 11 U.S.C. 109(h) and 111, and under this part.

(b) Such an agency shall apply no later than 45 days prior to the expiration of its six month probationary period or annual period to be considered for approval for an additional one year period, unless a written extension is granted by the United States Trustee.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.17 Mandatory duty of approved agencies to notify United States Trustees of material changes.

(a) An approved agency shall immediately notify the United States Trustee in writing of any material change.

(b) An approved agency shall immediately notify the United States Trustee in writing of any failure by the approved agency to comply with any standard or requirement specified in 11 U.S.C. 109(h) or 111, this part, or the terms under which the United States Trustee approved it to act as an approved agency.

Fair Debt Collection: B.1.1 Overview; Regulation F Table

Effective November 30, 2021, the Consumer Financial Protection Bureau (CFPB) significantly expanded its Regulation F, 12 C.F.R. § 1006, to set out extensive rules relating to the Fair Debt Collection Practices Act (FDCPA).1 Those rules were released in the Federal Register in two parts—one appearing on November 30, 2020,2 and the other on January 19, 2021.3 Regulation F also includes Supplement I, the Official Interpretations.

Credit Discrimination: 3(c) Exempt Institutions and Excluded and Partially Exempt Transactions

Paragraph 3(c)(1)

1. Financial institution acting in a fiduciary capacity. Section 1003.3(c)(1) provides that a closed-end mortgage loan or an open-end line of credit originated or purchased by a financial institution acting in a fiduciary capacity is an excluded transaction. A financial institution acts in a fiduciary capacity if, for example, the financial institution acts as a trustee.

Paragraph 3(c)(2)

Credit Discrimination: Introduction and Listing of Provisions

The Consumer Financial Protection Bureau (CFPB) now has authority to issue Regulation B and its commentary. See Pub. L. No. 111-203, tit. X, §§ 1085(3), 1100H, 124 Stat. 2083, 2113 (July 21, 2010). On December 21, 2011, the CFPB issued its version of Regulation B and its commentary and further amended it on January 18, 2013, effective July 18, 2014, and further amended it on October 2, 2017, effective January 1, 2018. See 82 Fed. Reg. 45,680 (Oct. 2, 2017).

Credit Discrimination: Introduction and Listing of Provisions

The Consumer Financial Protection Bureau (CFPB) now has authority to issue Regulation B and its commentary. See Pub. L. No. 111-203, tit. X, §§ 1085(3), 1100H, 124 Stat. 2083, 2113 (July 21, 2010). On December 21, 2011, the CFPB issued its version of Regulation B and its official interpretations, amended it on January 18, 2013, effective July 18, 2014 and further amended it on October 2, 2017, effective January 1, 2018. See 82 Fed. Reg. 45,680 (Oct. 2, 2017).

Credit Discrimination: Amendment History

[78 Fed. Reg. 7248 (Jan. 31, 2013); 78 Fed. Reg. 60,437 (Oct. 1, 2013); 78 Fed. Reg. 69,753 (Nov. 21, 2013); 81 Fed. Reg. 44,764 (July 11, 2016); 82 Fed. Reg. 45,695 (Oct. 2, 2017)]

Credit Discrimination: § 100.201a Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at Department of Housing and Urban Development, 451 Seventh Street SW, Room 5240, Washington, DC 20410–0001, telephone number 202–708–2333, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA).