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DOJ/LA | RIN: 1105-AB16 | Publication ID: Fall 2008 |
Title: Procedures for Review of Denial of Claims of Standing Trustee for Actual, Necessary Expenses | |
Abstract: This rule sets forth the procedures for the administrative review of denials of standing trustees' claims that certain expenses are actual, necessary for their administration of chapter 12 and 13 cases. Section 1231(b) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), as codified at 28 U.S.C. 586(e)(3)(4) requires that: (1) Standing trustees exhaust all administrative remedies pertaining to denial of a claim of actual, necessary expenses before seeking judicial review of them; and (2) the Attorney General prescribe procedures for administrative review of such claim denials. This rule ensures that the process of administratively reviewing denials of standing trustees' expense claims is fair and effective. | |
Agency: Department of Justice(DOJ) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 28 CFR 58 | |
Legal Authority: 28 USC 586(e)(4) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Ramona D. Elliott Deputy Director/General Counsel Department of Justice Legal Activities Executive Office for United States Trustees, Suite 6150, 441 G Street NW, Washington, DC 20530 Phone:202 307-1399 Fax:202 307-2397 Email: ramona.d.elliott@usdoj.gov |