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The New Bankruptcy Code
 

Changes in 1302. Trustee

Notice Regarding Domestic Support Claims

1302(d) requires the trustee to:

  • Notify the holder of a domestic support claim of the availability services of the State child support enforcement agency;
  • Notify the State child support enforcement agency of the name and address of the holder of a domestic support claim;
  • Upon discharge, notify  the State child support enforcement agency of the discharge, the debtor's address, the debtor's employer, and creditors not discharged or reaffirmed.  Creditors are required upon request to notify the support agency of the debtor's address.

Text appearing below in blue is the same in H.R.333 and S.420. Text in maroon is only in H.R.333. Text in green is only in S.420.

11 USC 1302. Trustee

(a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case.

(b) The trustee shall--

(1) perform the duties specified in sections 704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9) of this title;

(2) appear and be heard at any hearing that concerns--

(A) the value of property subject to a lien;

(B) confirmation of a plan; or

(C) modification of the plan after confirmation;

(3) dispose of, under regulations issued by the Director of the Administrative Office of the United States Courts, moneys received or to be received in a case under chapter XIII of the Bankruptcy Act;

(4) advise, other than on legal matters, and assist the debtor in performance under the plan;

(5) ensure that the debtor commences making timely payments under section 1326 of this title; and

(6) if, with respect to an individual debtor, there is a claim for a domestic support obligation, provide the applicable notification specified in subsection (d).

(c) If the debtor is engaged in business, then in addition to the duties specified in subsection (b) of this section, the trustee shall perform the duties specified in sections 1106(a)(3) and 1106(a)(4) of this title.

(d)

(1) In any case described in subsection (b)(6), the trustee shall--

(A)

(i) notify in writing the holder of the claim of the right of that holder to use the services of a State child support enforcement agency established under sections 464 and 466 of the Social Security Act (42 U.S.C. 664, 666) for the State in which the holder resides; and

(ii) include in the notice under this paragraph the address and telephone number of the child support enforcement agency; and

(B)

(i) notify in writing the State child support agency of the State in which the holder of the claim resides of the claim;

(ii) include in the notice under this paragraph the name, address, and telephone number of the holder of the claim; and

(iii) at such time as the debtor is granted a discharge under section 1328, notify the holder of the claim and the State child support agency of the State in which that holder resides 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) with respect to the debtor's case, the name of each creditor that holds a claim that--

(aa) is not discharged under paragraph (2), (4), or (14) of section 523(a); or

(bb) was reaffirmed by the debtor under section 524(c).

(2)

(A) A holder of a claim or a State child support agency may request from a creditor described in paragraph (1)(B)(iii)(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 to the debtor or any other person by reason of making that disclosure.


This page was last revised: 03/25/01