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Consumer Bankruptcy Law and Practice: Rule 2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case

(a) APPOINTMENT. At any time following the commencement of an involuntary liquidation case and before an order for relief, the court on written motion of a party in interest may order the appointment of an interim trustee under § 303(g) of the Code. The motion shall set forth the necessity for the appointment and may be granted only after hearing on notice to the debtor, the petitioning creditors, the United States trustee, and other parties in interest as the court may designate.

Consumer Bankruptcy Law and Practice: Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee

(a) TWENTY-ONE-DAY NOTICES TO PARTIES IN INTEREST. Except as provided in subdivisions (h), (i), (l), (p), and (q) of this rule, the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and indenture trustees at least 21 days’ notice by mail of:

Consumer Bankruptcy Law and Practice: Rule 2003. Meeting of Creditors or Equity Security Holders

(a) DATE AND PLACE. Except as otherwise provided in § 341(e) of the Code, in a chapter 7 liquidation or a chapter 11 reorganization case, the United States trustee shall call a meeting of creditors to be held no fewer than 21 and no more than 40 days after the order for relief. In a chapter 12 family farmer’s debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 21 and no more than 35 days after the order for relief.

Consumer Bankruptcy Law and Practice: Rule 2007. Review of Appointment of Creditors’ Committee Organized Before Commencement of the Case

(a) MOTION TO REVIEW APPOINTMENT. If a committee appointed by the United States trustee pursuant to § 1102(a) of the Code consists of the members of a committee organized by creditors before the commencement of a chapter 9 or chapter 11 case, on motion of a party in interest and after a hearing on notice to the United States trustee and other entities as the court may direct, the court may determine whether the appointment of the committee satisfies the requirements of § 1102(b)(1) of the Code.

Consumer Bankruptcy Law and Practice: Rule 2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case

(a) ORDER TO APPOINT PATIENT CARE OMBUDSMAN. In a chapter 7, chapter 9, or chapter 11 case in which the debtor is a health care business, the court shall order the appointment of a patient care ombudsman under § 333 of the Code, unless the court, on motion of the United States trustee or a party in interest filed no later than 21 days after the commencement of the case or within another time fixed by the court, finds that the appointment of a patient care ombudsman is not necessary under the specific circumstances of the case for the protection of patients.

Consumer Bankruptcy Law and Practice: Rule 2008. Notice to Trustee of Selection

The United States trustee shall immediately notify the person selected as trustee how to qualify and, if applicable, the amount of the trustee’s bond. A trustee that has filed a blanket bond pursuant to Rule 2010 and has been selected as trustee in a chapter 7, chapter 12, or chapter 13 case that does not notify the court and the United States trustee in writing of rejection of the office within seven days after receipt of notice of selection shall be deemed to have accepted the office.

Consumer Bankruptcy Law and Practice: Rule 2010. Qualification by Trustee; Proceeding on Bond

(a) BLANKET BOND. The United States trustee may authorize a blanket bond in favor of the United States conditioned on the faithful performance of official duties by the trustee or trustees to cover (1) a person who qualifies as trustee in a number of cases, and (2) a number of trustees each of whom qualifies in a different case.

(b) PROCEEDING ON BOND. A proceeding on the trustee’s bond may be brought by any party in interest in the name of the United States for the use of the entity injured by the breach of the condition.

Consumer Bankruptcy Law and Practice: C.3 Miscellaneous Fees

The following miscellaneous fees schedule was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. § 1930(b). It is effective as of December 1, 2023.

Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)

The fees included in the Bankruptcy Court Miscellaneous Fee Schedule are to be charged for services provided by the bankruptcy courts.

Mortgage Lending: C.1 Overview of RESPA and Regulation X Statutory, Administrative, and Legislative History Archive

The Real Estate Settlement Procedures Act (RESPA) statutory and administrative materials available as part of this treatise include the Act, which is codified in the United States Code, and its implementing regulation, Regulation X, which is codified in the Code of Federal Regulations. Both the Act and Regulation X have been amended multiple times. In addition, the regulators responsible for implementing the Act have issued numerous items of guidance over the years.

Mortgage Lending: Introduction and Listing of Provisions

This section reprints selected provisions of the Real Estate Settlement Procedures Act (RESPA) relevant to loan origination. Amendments to some of these provisions were made by the Dodd-Frank Wall Street Reform and Consumer Protection Act Pub. L. No. 111-203, 124 Stat. 1376 (2010) (hereinafter the Dodd-Frank Act). With the exception of changes to 12 U.S.C. §§ 2603–2605, these RESPA amendments are found in Title X of the Dodd-Frank Act and thus became effective on July 21, 2011.

Mortgage Lending: § 2601. Congressional findings and purpose [§ 2]

(a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country.

Mortgage Lending: § 2605. Servicing of mortgage loans and administration of escrow accounts [§ 6]

(a) Disclosure to applicant relating to assignment, sale, or transfer of loan servicing

Each person who makes a federally related mortgage loan shall disclose to each person who applies for the loan, at the time of application for the loan whether the servicing of the loan may be assigned, sold, or transferred to any other person at any time while the loan is outstanding.

* * *

(f) Damages and costs

Mortgage Lending: § 2606. Exempted transactions [§ 7]

(a) In general

This chapter does not apply to credit transactions involving extensions of credit—

(1) primarily for business, commercial, or agricultural purposes; or

(2) to government or governmental agencies or instrumentalities.

(b) Interpretation

Mortgage Lending: § 2607. Prohibition against kickbacks and unearned fees [§ 8]

(a) Business referrals

No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person.

(b) Splitting charges

Mortgage Lending: § 2608. Title companies; liability of seller [§ 9]

(a) No seller of property that will be purchased with the assistance of a federally related mortgage loan shall require directly or indirectly, as a condition to selling the property, that title insurance covering the property be purchased by the buyer from any particular title company.

(b) Any seller who violates the provisions of subsection (a) of this section shall be liable to the buyer in an amount equal to three times all charges made for such title insurance.

Mortgage Lending: § 2610. Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements [§ 12]

No fee shall be imposed or charge made upon any other person (as a part of settlement costs or otherwise) by a lender in connection with a federally related mortgage loan made by it (or a loan for the purchase of a mobile home), or by a servicer (as the term is defined under section 2605(i) of this title), for or on account of the preparation and submission by such lender or servicer of the statement or statements required (in connection with such loan) by sections 2603 and 2609(c) of this title or by the Truth in Lending Act [15 U.S.C. 1601 et seq.].