28 C.F.R. § 58.3

Qualification for membership on panels of private trustees

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(a) To be eligible for appointment to the panel and to retain eligibility therefor, an individual must possess the qualifications described in paragraph (b) of this section in addition to any other statutory qualifications. A corporation or partnership may qualify as an entity for appointment to the private panel. However, each person who, in the opinion of the U.S. Trustee or of the Director, performs duties as trustee on behalf of a corporation or partnership must individually meet the standards described in paragraph (b) of this section, except that each U.S. Trustee, with the approval of the Director, shall have the discretion to waive the applicability of paragraph (b)(6) of this section as to any individual in a non-supervisory position. No professional corporation, partnership, or similar entity organized for the practice of law or accounting shall be eligible to serve on the panel.

(b) The qualifications for membership on the panel are as follows:

(1) Possess integrity and good moral character.

(2) Be physically and mentally able to satisfactorily perform a trustee's duties.

(3) Be courteous and accessible to all parties with reasonable inquiries or comments about a case for which such individual is serving as private trustee.

(4) Be free of prejudices against any individual, entity, or group of individuals or entities which would interfere with unbiased performance of a trustee's duties.

(5) Not be related by affinity or consanguinity within the degree of first cousin to any employee of the Executive Office for United States Trustees of the Department of Justice, or to any employee of the office of the U.S. Trustee for the district in which he or she is applying.

(6)(i) Be a member in good standing of the bar of the highest court of a state or of the District of Columbia; or

(ii) Be a certified public accountant; or

(iii) Hold a bachelor's degree from a full four-year course of study (or the equivalent) of an accredited college or university (accredited as described in part II, section III of Handbook X118 promulgated by the U.S. Office of Personnel Management) with a major in a business-related field of study or at least 20 semester-hours of business-related courses; or hold a master's or doctoral degree in a business-related field of study from a college or university of the type described above; or

(iv) Be a senior law student or candidate for a master's degree in business administration recommended by the relevant law school or business school dean and working under the direct supervision of:

(A) A member of a law school faculty; or

(B) A member of the panel of private trustees; or

(v) Have equivalent experience as deemed acceptable by the U.S. Trustee.

(7) Be willing to provide reports as required by the U.S. Trustee.

(8) Have submitted an application under oath, in the form prescribed by the Director, to the U.S. Trustee for the District in which appointment is sought: Provided, That this provision may be waived by the U.S. Trustee on approval of the Director.

Notes of Decisions

Cited in 14 cases, 1992–2018 · leading case: In re King, 546 B.R. 682 (Bankr. S.D. Tex. 2016).

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In re King, 546 B.R. 682 (Bankr. S.D. Tex. 2016). · cites it 2× “The eligibility requirements are established by the Attorney General under § 586(d) and are set forth in 28 C.F.R. § 58.3 : The qualifications for membership on the panel are as follows: (1) Possess integrity and good moral character.”

Wisdom v. United States Tr. Prog., 266 F. Supp. 3d 93 (D.D.C. 2017). “See 28 C.F.R. § 58.3 (b) .(listing qualifications for private-trustee membership).”

Philip R. Joelson v. United States of Am., 86 F.3d 1413 (6th Cir. 1996). “28 C.F.R. § 58.3 ; 11 U.S.C. § 321 . In appointing panel members, U.”

United States v. Andrew Crispo, 306 F.3d 71 (2d Cir. 2002). “First, Cam-mer’s emphasis on the fact that attorneys are engaged in a private profession and are not government employees as are marshals, bailiffs, clerks, and judges is not accounted for.”

In re Peterson, 566 B.R. 179 (Bankr. M.D. Tenn. 2017). · cites it 2× “The Trustee The UST appoints a Chapter 7 Trustee upon application and demonstration that the Trustee meets the qualifica *189 tions as set forth in 28 C.F.R. § 58.3 (b). 10 Having met these high standards, the Trustee is presumed to possess the ability to perform the duties…”

In Re Perkins, 244 B.R. 835 (Bankr. D. Mont. 2000). “See 28 C.F.R. § 58.3 (6). 6 Congress obviously took the trustee’s qualifications into account when drafting the Bankruptcy Code and contemplated that these highly qualified individuals could and would perform the duties set forth in § 704, i.”

In re Yovtcheva, 590 B.R. 307 (Bankr. E.D. Pa. 2018). “§ 586 (a) and set forth in 28 C.F.R. § 58.3 , as opposed to a layperson.”

In Re Myers, 147 B.R. 221 (Bankr. D. Or. 1992). “Beyond federal and state fair employment laws, the qualifications required by the United States Trustee Program set forth in 28 C.F.R. § 58.3 (b)(4) demand standing trustees to be free of prejudice or bias.”

Brooks v. United States, 127 F.3d 1192 (9th Cir. 1997). · cites it 2× “§ 321 (1993); 28 C.F.R. § 58.3 (1996). The U.S. Trustee’s discretion to appoint panel members from the pool of eligible persons is limited only by a prohibition against discrimination “on the basis of race, color, religion, sex, national origin or age.”

Heidkamp v. Fifth Third Bank (In Re Heidkamp), 334 B.R. 713 (Bankr. M.D. Fla. 2005). “” 28 C.F.R. § 58.3 . In order to serve' as a panel trustee, one must be a member of the panel of trustees established by the office of the United States Trustee.”

In Re Dale R. Brookover Montgomery Farms Jack Giulitto, Debtors. Ira Bodenstein, United States Tr., 352 F.3d 1083 (6th Cir. 2003). “§ 586 (d); 28 C.F.R. §§ 58.3 (b) & 58.4(b). Rather, the trustee is a private individual appointed by the Executive Branch to perform a public office under the Bankruptcy Code.”

Shaltry v. United States, 182 B.R. 836 (D. Ariz. 1995). “3 The qualifications for membership on panels of private trustees, and to retain eligibility therefor, are set forth at 28 C.F.R. § 58.3 (b). Generally, these requirements concern fitness of character, education or experience, and lack of potential conflicts of interest.”

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