(1) collect and reduce to money the property of
the estate for which such trustee serves, and close such estate as
expeditiously as is compatible with the best interests of parties in
interest;
(2) be accountable for all property received;
(3) ensure that the debtor shall perform his
intention as specified in section
521(2)(B) [sic--reference to previous subsection; now
521(a)(2)(B)] of this title;
(4) investigate the financial affairs of the
debtor;
(5) if a purpose would be served, examine proofs
of claims and object to the allowance of any claim that is improper;
(6) if advisable, oppose the discharge of the
debtor;
(7) unless the court orders otherwise, furnish
such information concerning the estate and the estate’s administration as
is requested by a party in interest;
(8) if the business of the debtor is authorized
to be operated, file with the court, with the United States trustee, and
with any governmental unit charged with responsibility for collection or
determination of any tax arising out of such operation, periodic reports and
summaries of the operation of such business, including a statement of
receipts and disbursements, and such other information as the United States
trustee or the court requires;
(9) make a final report and file a final account
of the administration of the estate with the court and with the United
States trustee;
(10) if with respect to the
debtor there is a claim for a domestic support obligation, provide the
applicable notice specified in subsection
(c);
(11) if, at the time of the
commencement of the case, the debtor (or any entity designated by the
debtor) served as the administrator (as defined in section 3 of the Employee
Retirement Income Security Act of 1974) of an employee benefit plan,
continue to perform the obligations required of the administrator; and
(12) use all reasonable and best
efforts to transfer patients from a health care business that is in the
process of being closed to an appropriate health care business that--
(A) is in the vicinity of the health care business that
is closing;
(B) provides the patient with services that are
substantially similar to those provided by the health care business that
is in the process of being closed; and
(C) maintains a reasonable quality of care.
(1) With respect to a debtor who
is an individual in a case under this chapter--
(A) the United States trustee (or the bankruptcy
administrator, if any) shall review all materials filed by the debtor and,
not later than 10 days after the date of the first meeting of creditors,
file with the court a statement as to whether the debtor's case would be
presumed to be an abuse under section
707(b); and
(B) not later than 5 days after receiving a statement
under subparagraph (A), the court shall provide a copy of the statement to
all creditors.
(2) The United States trustee (or
bankruptcy administrator, if any) shall, not later than 30 days after the
date of filing a statement under paragraph (1), either file a motion to
dismiss or convert under section
707(b) or file a statement setting forth the reasons the United States
trustee (or the bankruptcy administrator, if any) does not consider such a
motion to be appropriate, if the United States trustee (or the bankruptcy
administrator, if any) determines that the debtor's case should be presumed
to be an abuse under section
707(b) and the product of the debtor's current monthly income,
multiplied by 12 is not less than--
(A) in the case of a debtor in a household of 1 person,
the median family income of the applicable State for 1 earner; or
(B) in the case of a debtor in a household of 2 or more
individuals, the highest median family income of the applicable State for
a family of the same number or fewer individuals.
(1) In a case described in subsection
(a)(10) to which subsection
(a)(10) applies, the trustee shall--
(A)
(i) provide written notice to the holder of the claim
described in subsection
(a)(10) of such claim and of the right of such holder to use the
services of the State child support enforcement agency established under
sections 464 and 466 of the Social Security Act for the State in which
such holder resides, for assistance in collecting child support during
and after the case under this title;
(ii) include in the notice provided under clause (i)
the address and telephone number of such State child support enforcement
agency; and
(iii) include in the notice provided under clause (i)
an explanation of the rights of such holder to payment of such claim
under this chapter;
(B)
(i) provide written notice to such State child
support enforcement agency of such claim; and
(ii) include in the notice provided under clause (i)
the name, address, and telephone number of such holder; and
(C) at such time as the debtor is granted a discharge
under section
727, provide written notice to such holder and to such State child
support enforcement agency of--
(i) the granting of the discharge;
(ii) the last recent known address of the debtor;
(iii) the last recent known name and address of the
debtor's employer; and
(iv) the name of each creditor that holds a claim
that--
(I) is not discharged under paragraph
(2), (4),
or (14A)
of section
523(a); or
(II) was reaffirmed by the debtor under section
524(c).
(2)
(A) The holder of a claim described in subsection
(a)(10) or the State child support enforcement agency of the State in
which such holder resides may request from a creditor described in paragraph
(1)(C)(iv) the last known address of the debtor.
(B) Notwithstanding any other provision of law, a
creditor that makes a disclosure of a last known address of a debtor in
connection with a request made under subparagraph (A) shall not be liable
by reason of making such disclosure.
Doney
& Associates PLC Home Page
