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DOJ/LA RIN: 1105-AB12 Publication ID: Fall 2023 
Title: Procedures for Suspension and Removal of Panel Trustees and Standing Trustees 

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") (Pub. L. 109-8) amended 28 U.S.C. 586(d)(2) to clarify that standing trustees and panel trustees who cease to be assigned to cases filed under title 11, United States Code, may obtain judicial review of the final agency decision by commencing an action in the district court after first exhausting all available administrative remedies, which, if the trustee so elects, shall also include an administrative hearing on the record. The Attorney General is directed to prescribe procedures to implement these changes. Pursuant to an order dated October 14, 2005, the Attorney General delegated his authority to promulgate rules necessary to implement the provisions of the BAPCPA that relate to the administration and supervision of bankruptcy cases by the United States Trustee Program to the Director of the Executive Office for United States Trustees. 28 CFR 58.6 currently sets forth the procedures for suspension and removal of panel trustees and standing trustees. The Executive Office for United States Trustees is amending these procedures to reflect the changes required by 28 U.S.C. 586(d)(2) under the authority delegated by the Attorney General in his October 14, 2005, order.

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 U.S.C. 586(d)(2)   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/00/2024 
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