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Consumer Bankruptcy Law and Practice: 28 U.S.C. § 587. Salaries

Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code.

[Added by Pub. L. No. 95-598, § 224(a), 92 Stat. 2664 (1978); amended by Pub. L. No. 99-554, § 114(a), 100 Stat. 3093 (1986).]

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 589a. United States Trustee System Fund

(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;

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 589b. Bankruptcy data

(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.

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 959. Trustees and receivers suable; management; State laws

(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.

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 960. Tax liability

(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—

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1334. Bankruptcy cases and proceedings

(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.

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1410. Venue of cases ancillary to foreign proceedings

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

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 154. Adverse interest and conduct of officers

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

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1930. Bankruptcy fees

(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.

Consumer Bankruptcy Law and Practice: Form 183 Motion to Avoid Lien or Non-Possessory, Non-Purchase Money Security Interest

[Caption: Official Form 416A]

Motion to Avoid Lien or Non-Possessory, Non-Purchase Money Security Interest on Exempt Personal Property

COMES NOW the debtor and debtor-in-possession [debtor], by and through [attorney for debtor], and moves to avoid any judicial liens and/or non-possessory, non-purchase money security interests on the debtor’s exempt personal property, pursuant to 11 U.S.C. § 522(f) (Motion), and in support thereof asserts:

Consumer Bankruptcy Law and Practice: Form 184 Motion to Modify Confirmed Plan

[Caption: Official Form 416A]

Motion to Modify Confirmed Plan547

COMES NOW the debtor and debtor-in-possession [debtor], by and through [attorney for debtor], and moves to modify the confirmed plan, pursuant to 11 U.S.C. § 1229 (Motion), and in support thereof asserts:

1. On [filing date] (Filing Date), [debtor] filed a Petition under chapter 12 of the United States Bankruptcy Code, 11 U.S.C. §§ 1201–1231.

Consumer Credit Regulation: Introduction

This appendix summarizes state Retail Installment Sales Acts (RISAs). These statutes typically cover installment sales of goods and services, but some regulate certain purchase-money consumer loans as well. Some states have a RISA that applies exclusively to installment sales contracts for motor vehicles or manufactured homes, and some have more than one RISA. Many RISAs include provisions for retail charge accounts. All these types of RISAs, for each state, are included in this appendix.

Consumer Credit Regulation: Rhode Island

R.I. Gen. Laws §§ 6-27-1 to 6-27-11 (Truth in Lending and Retail Selling Act).

Scope: Sales of property or services involving credit. Revolving credit. § 6-27-3.

Licensure requirements: None.

Credit terms: 18% simple interest per year. Does not apply to transactions in which the finance charge does not exceed $10. § 6-27-4(a).

Restrictions on points or prepaid interest: None.

Restrictions on length of term: None.

Repossessions: 14.2.9.2 Rebate of Third-Party Charges

Leases may include within the monthly lease payment certain third party-charges that should be rebated on early termination, such as service contracts, credit insurance, and GAP insurance. These third-party charges are earned over the full term of the lease, and early termination should result in a partial rebate.

Repossessions: 14.2.9.3 Extra Penalties

Leases may include early termination penalties in addition to charges based on the adjusted lease balance or remaining payments methods, such as three times the monthly lease payment.

Repossessions: 14.2.9.4 Taxes Not Paid to Taxing Authority

Lessor early termination formulas are unreasonable if they charge for taxes not owed to taxing authorities. Under the remaining payments method, the consumer should owe for remaining pre-tax payments only, and not for taxes included in those payments.213

Repossessions: 14.2.9.5.1 When lease entered into prior to active duty military service

The Servicemembers Civil Relief Act gives a servicemember the option of terminating a vehicle lease without penalty upon entering active duty.214 This right applies if, after executing the lease, the lessee then enters active duty under a call or order for 180 days or more.215 Such a termination of a lease also terminates the obligations of a servicemember’s dependent under the lease.216

Repossessions: 14.2.9.5.2 When lease entered into while on active duty military service

A servicemember has the right to cancel without penalty a vehicle lease executed during a period of active duty if the lessee receives military orders requiring a permanent change of station outside the continental United States or to deploy with a military unit for 180 days or more.223 The continental United States is defined as the forty-eight contiguous states and the District of Columbia.224 The servicemember then has the same right to terminate the lease without penalty as if t

Repossessions: 14.2.9.6 Limits on Consumer Liability After Vehicle Loss

When a vehicle is stolen or seriously damaged in a wreck, insurance will pay the vehicle’s value to the lessor. To many consumers’ surprise, the lessor may still seek an early termination charge from the consumer. From the lessor’s point of view, the lease has been terminated early, the realized value is the insurance payment, and the consumer is liable for an early termination charge as computed under the lease’s early termination formula.