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28 U.S.C. § 589a — United States Trustee System Fund

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 589a — United States Trustee System Fund

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Stable record: federal_law:legal_authorities:record_usc_a60cb259ef36728b173c37a3
Source file: Laws/federal/codes/united-states-code/title-28/section-589a-united-states-trustee-system-fund--83be52c2d4.md
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Source location: Title 28, Chapter 39, § 589a; chapter-039-united-states-trustees.md

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**(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; (2) travel and transportation; (3) rental of space; (4) communication, utilities, and miscellaneous computer charges; (5) security investigations and audits; (6) supplies, books, and other materials for legal research; (7) furniture and equipment; (8) miscellaneous services, including those obtained by contract; and (9) printing. **(b)** For the purpose of recovering the cost of services of the United States Trustee System, there shall be deposited as offsetting collections to the appropriation “United States Trustee System Fund”, to remain available until expended, the following— (1) (A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and (B) 28.33 percent of the fees collected under section 1930(a)(1)(B); (2) 48.89 percent of the fees collected under [section 1930(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1930/a/3&num=0&edition=prelim); (3) one-half of the fees collected under [section 1930(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1930/a/4&num=0&edition=prelim); (4) one-half of the fees collected under [section 1930(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1930/a/5&num=0&edition=prelim); (5) 100 percent of the fees collected under [section 1930(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1930/a/6&num=0&edition=prelim); 11 See Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years note below. (6) three-fourths of the fees collected under the last sentence of [section 1930(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1930/a&num=0&edition=prelim); (7) the compensation of trustees received under [section 330(d) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section330/d&num=0&edition=prelim) by the clerks of the bankruptcy courts; (8) excess fees collected under [section 586(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section586/e/2&num=0&edition=prelim); (9) interest earned on Fund investment; and (10) fines imposed under section 110(l) of title 11, United States Code. **(c)** Amounts in the Fund which are not currently needed for the purposes specified in subsections (a) and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. **(d)** The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of expenditures made under this section. **(e)** There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a). **(f)** (1) During each of fiscal years 2021 through 2026 and notwithstanding subsection (b)(5), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order: (A) First, the amounts needed to offset the amount specified in the Department of Justice appropriations for that fiscal year, shall be deposited as discretionary offsetting collections to the “United States Trustee System Fund”, pursuant to subsection (a), to remain available until expended. (B) Second, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to reimburse the judiciary for the costs of administering payments under [section 330(e) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section330/e&num=0&edition=prelim), shall be deposited as mandatory offsetting collections to the “United States Trustee System Fund”, and transferred and deposited into the special fund established under section 1931(a), and notwithstanding subsection (a), shall be available for expenditure without further appropriation. (C) Third, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to pay trustee compensation authorized by [section 330(e)(2) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section330/e/2&num=0&edition=prelim), shall be deposited as mandatory offsetting collections to the “United States Trustee System Fund”, and transferred and deposited into the Chapter 7 Trustee Fund established under [section 330(e) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section330/e&num=0&edition=prelim) for payment to trustees serving in cases under chapter 7 of title 11 (in addition to the amounts paid under [section 330(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section330/b&num=0&edition=prelim)), in accordance with that section, and notwithstanding subsection (a), shall be available for expenditure without further appropriation. (D) Fourth, any remaining amounts shall be deposited as discretionary offsetting collections to the “United States Trustee System Fund”, to remain available until expended. (2) Notwithstanding subsection (b), for each of fiscal years 2021 through 2026, $5,400,000 of the fees collected under section 1930(a)(6) shall be deposited in the general fund of the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 581 — United States trustees

**(a)** The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. (2) The judicial districts established for the States of Connecticut, New York, and Vermont. (3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. (4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. (5) The judicial districts established for the States of Louisiana and Mississippi. (6) The Northern District of Texas and the Eastern District of Texas. (7) The Southern District of Texas and the Western District of Texas. (8) The judicial districts established for the States of Kentucky and Tennessee. (9) The judicial districts established for the States of Michigan and Ohio. (10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. (11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. (12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. (13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. (14) The District of Arizona. (15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. (16) The Central District of California. (17) The Eastern District of California and the Northern District of Cal

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 581

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Federal law — U.S. Code and appendices · legal_authorities

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section156/b&num=0&edition=prelim), 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. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under [section 1931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1931&num=0&edition=prelim). (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in [section 101 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim), $1,167. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6) (A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1930

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1931 — Disposition of filing fees

**(a)** Of the amounts paid to the clerk of court as a fee under section 1914(a) or as part of a judgment for costs under [section 2412(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/a/2&num=0&edition=prelim), $190 shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States. **(b)** If the court authorizes a fee under section 1914(a) or an amount included in a judgment for costs under [section 2412(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/a/2&num=0&edition=prelim) of less than $250, the entire fee or amount, up to $190, shall be deposited into the special fund provided in this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1931

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 330 — Compensation of officers

**(a)** (1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103— (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and (B) reimbursement for actual, necessary expenses. (2) The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested. (3) In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including— (A) the time spent on such services; (B) the rates charged for such services; (C) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title; (D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; (E) with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and (F) whether the compensatio

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 589a — United States Trustee System Fund

Page 252 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 587 ‘‘(B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be se- lected for audit; ‘‘(C) require audits of schedules of income and ex- penses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by rea- son of higher income or higher expenses than the sta- tistical norm of the district in which the schedules were filed; and ‘‘(D) establish procedures for providing, not less fre- quently than annually, public information con- cerning the aggregate results of such audits including the percentage of cases, by district, in which a mate- rial misstatement of income or expenditures is re- ported.’’ APPLICATION TO ALL STANDING TRUSTEES Pub. L. 101–509, title V, § 529 [title I, § 110(b)], Nov. 5, 1990, 104 Stat. 1427, 1452, provided that: ‘‘The amend- ment made by subsection (a) [amending this section] shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54 [Pub. L. 99–554]; 100 Stat. 3121) [set out in an Effective Date of 1986 Amendment note under section 581 of this title] apply.’’ § 587. Salaries Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual sala- ries 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 Pub. L. 95–598, title II, § 224(a

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