Procedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of Title 11, 6447-6451 [E8-1450]

Download as PDF 6447 Proposed Rules Federal Register Vol. 73, No. 23 Monday, February 4, 2008 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF JUSTICE 28 CFR Part 58 [Docket No: EOUST 101] RIN 1105–AB29 Procedures for Completing Uniform Forms of Trustee Final Reports in Cases Filed Under Chapters 7, 12, and 13 of Title 11 Executive Office for United States Trustees (EOUST), Justice. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Department of Justice, through its component, EOUST, is issuing this notice of proposed rulemaking (rule) pursuant to Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA requires the Department to issue rules requiring uniform forms for final reports (Uniform Forms) by trustees in cases under chapters 7, 12, and 13 of title 11. The BAPCPA requires the rule to strike the best achievable practical balance between: the reasonable needs of the public for information about the operational results of the Federal bankruptcy system; economy, simplicity, and lack of undue burden on persons with a duty to file these reports; and appropriate privacy concerns and safeguards. Submit comments on or before April 4, 2008. ADDRESSES: Comments on the rule may be submitted via www.regulations.gov, by telefax to (202) 307–2397, or by postal mail to Executive Office for United States Trustees (‘‘EOUST’’), 20 Massachusetts Ave., NW., 8th Floor, Washington, DC 20530. To ensure proper handling of comments, please reference ‘‘Docket No. EOUST 101’’ on all written and electronic correspondence. ebenthall on PRODPC61 with PROPOSALS DATES: FOR FURTHER INFORMATION CONTACT: Roberta A. DeAngelis, Acting General Counsel, or Larry Wahlquist, Office of VerDate Aug<31>2005 15:03 Feb 01, 2008 Jkt 214001 General Counsel, at (202) 307–1399 (not a toll-free number). SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received are considered part of the public record and made available for public inspection online at https:// www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on https:// www.regulations.gov. Personal identifying information and confidential business information identified and located as set forth above will be placed in the agency’s public docket file, but not posted online. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. Discussion of Rule The administration of all chapter 7, 12, and 13 bankruptcy cases is entrusted to private persons who are trustees under the supervision and oversight of a regional United States Trustee. As distinguished from trustees, United States Trustees are employees of the Department of Justice. In every case, a trustee must file with the court and submit to the United PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 States Trustee a final report and final account of his or her case administration. The United States Trustee reviews these reports and they are then filed with the court. While the trustee final report forms currently used across the country essentially serve the same purpose and convey the same information, the format of the forms and required attachments, and even the names of the forms, can be different. In fact, there are over a hundred different versions of these forms in use throughout the country. With the passage of BAPCPA, Congress directed the Attorney General to draft rules creating nationally uniform forms for trustee final reports. The Attorney General delegated this authority to the Director, Executive Office for United States Trustees. In response to this congressional mandate, the Director publishes this rule, which requires trustees to utilize nationally uniform final report forms rather than the local forms currently in effect. This rule does not impose requirements on the general public; it affects only trustees who are supervised by United States Trustees. UST Forms 102–7–TFR, 102–7–NFR, 102–7–TDR, 102–7–NDR, 102–12–FR–S, 102–13–FR–S, 102–12–FR–C, and 102– 13–FR–C are the final report Uniform Forms required by this rule. The information required by these forms is set forth in proposed section 58.7 in the amendatory text below. These Uniform Forms will facilitate the review of a trustee’s case administration, which will assist in maintaining the public’s trust in the bankruptcy system. In addition, these reports, once filed in a case, will be available to the general public at the office of the clerk of the United States Bankruptcy Court where a case is pending during the hours established by the bankruptcy court clerk. Members of the public should contact individual United States Bankruptcy Courts to obtain information about the policies and procedures for inspection of final reports filed in any particular case. Final reports in cases are also available through the Internet by accessing the Electronic Case Filing System under PACER at https:// www.pacer.psc.uscourts.gov. These Uniform Forms shall be filed via the United States Bankruptcy Courts Case Management/Electronic Case Filing System (CM/ECF) as a ‘‘smart form.’’ A smart form is a document that E:\FR\FM\04FEP1.SGM 04FEP1 6448 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Proposed Rules ebenthall on PRODPC61 with PROPOSALS is data enabled. When it is saved into the industry standard Portable Document Format (PDF), stored data tags are then available for extraction and searching. This is contrary to a form that is not data-enabled, where the PDF is simply an image of the form and data is not uniformly available for searching. The data-enabled form builds upon the existing Adobe PDF/A standard (Version 1.4). Specifically, the standard incorporates the use of XMP metadata or Acroform field and value (F/V) tags within an Adobe PDF document. The current data schema (DTD) is found on www.usdoj.gov/ust. Trustees may obtain these ‘‘smart form’’ Uniform Forms from their vendor of trustee case management software. Members of the public may obtain blank Uniform Forms from each United States Trustee field office and from the United States Trustee Program Web site at https://www.usdoj.gov/ust. The usage of these Uniform Forms will accomplish Congress’ mandate to develop nationally uniform forms for trustee final reports as directed in the BAPCPA. Instead of many different versions of trustee final reports, trustees throughout the country will use the same eight forms. This will greatly assist consumers in being able to understand the administration of bankruptcy cases, especially when a consumer is located in a different region from where the bankruptcy case is located. The usage of these Uniform Forms will also assist Congress in compiling data to accurately analyze bankruptcy trends when making policy decisions. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review’’ section 1(b), The Principles of Regulation. The Department has determined that this rule is a ‘‘significant regulatory action’’ and, accordingly, this rule has been reviewed by the Office of Management and Budget (‘‘OMB’’). The Department has also assessed both the costs and benefits of this rule as required by section 1(b)(6) and has made a reasoned determination that the benefits of this regulation justify its costs. The costs considered in this regulation include the time incurred by private trustees to complete the Uniform Forms. Since most of the information in the chapter 7 Uniform Forms is already collected in most districts, the additional time required to collect the requisite information and to complete the Uniform Forms should be minimal.1 1 It is estimated that completion of the chapter 7 Uniform Forms, other than UST Form 102–7–NDR, VerDate Aug<31>2005 15:03 Feb 01, 2008 Jkt 214001 An exception may be UST Form 102–7– NDR, which asks for information not presently collected in any district for no-asset cases. The cost of this form is addressed in the Regulatory Flexibility Act section. In addition, the Uniform Forms will be added to the trustee case management software utilized by chapter 7 trustees. This software is provided to chapter 7 trustees by various banks free of charge in exchange for trustees depositing estate funds in these banks. For chapter 12 and chapter 13 trustees, it is anticipated that an increase in costs will be incurred due to the usage of these chapters 12 and 13 Uniform Forms. However, any associated cost will be an approved administrative expense of a standing trustee’s trust operation.2 It is estimated that the cost to the government for developing these Uniform Forms is approximately $20,000. The estimated cost to develop a system to store information extracted from these forms, and to analyze the data, is approximately $650,000. Over the next several years, the EOUST anticipates utilizing base resources available for information technology to meet the costs associated with developing the Uniform Forms and a system to store the information extracted from the forms. There will be no additional cost to the government. In fact, this rule will reduce the costs to the government of compiling the information submitted by private trustees. Since the Uniform Forms will be data enabled, the current system of manually compiling case closing information will be replaced by a less time intensive automated system. The benefits of this rule include establishing national uniformity in the final reports submitted by trustees, which will enable Congress, and the general public, to obtain more detailed information regarding bankruptcy cases nationally. This rule will enable Congress and the public to identify, among other things, the amount of debt scheduled in bankruptcy cases, the percentage of claims paid to creditors, the amount of debt discharged, and the value of assets abandoned by trustees. Executive Order 13132 This rule will not have a substantial direct effect on the States, on the will take approximately the same amount of time as the current chapter 7 final reports. Therefore, there should not be an appreciable difference in costs to complete the chapter 7 Uniform Forms as compared to current chapter 7 final report forms. 2 Please see the Regulatory Flexibility Act section for an explanation of the chapters 12 and 13 Uniform Forms costs. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Director has reviewed this rule and certifies that none of the Uniform Forms, except for 102–7–NDR, will have a significant economic impact on a substantial number of small entities. This rule will affect only approximately 1,400 trustees. In addition, trustees already submit to the court essentially the same information as that required by this rule though formats vary in judicial districts. This rule simply creates uniform forms for all trustees to use throughout the country rather than local court forms. For chapter 12 and chapter 13 trustees, it is estimated that there will be an increase in costs in the amount of approximately $7.00 per final report. However, this is less than 1% of chapters 12 and 13 trustees’ total operating expenses. Chapters 12 and 13 standing trustees allocate this cost toward an annual budget, which means trustees deduct this cost from funds disbursed from debtors’ estates to creditors. Thus, the chapters 12 and 13 Uniform Forms will not have a significant economic impact upon standing trustees.3 Public comments regarding the economic impact of the Uniform Forms upon trustees are requested. It is anticipated that UST Form 102– 7–NDR may have a significant economic impact upon chapter 7 trustees because this form asks for information not presently collected in any district for no-asset cases. Accordingly, EOUST has prepared the following initial Regulatory Flexibility Act analysis. A typical chapter 7 trustee may close as many as 500 no asset cases each year. The current practice allows trustees to file a docket entry ‘‘virtual form’’ for no asset cases, which enables a trustee to quickly complete the process on-line without having to complete a separate form and upload it to the court’s electronic filing system. Additionally, a trustee may file many such virtual forms simultaneously in batch mode format. 3 Chapters 12 and 13 case trustees closed less than .001% of chapters 12 and 13 cases in fiscal year 2007. E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Proposed Rules With the introduction of the UST Form 102–7–NDR form, the current practice of filing virtual forms for no-asset cases via the court’s electronic filing system will no longer be an option. It is estimated that it will take approximately ten minutes of staff time to collect and input the information required by UST Form 102–7–NDR. A typical staff assistant earns approximately $25 per hour, which means a trustee could incur an additional $2,100 a year in increased costs. However, EOUST is currently exploring alternatives with the Administrative Office of the United States Courts to enhance the transmission of electronic data collected by the courts to EOUST. These include alternatives that would reduce or eliminate the need for trustees to manually enter the information for UST Form 102–7–NDR, which will reduce much of the increased costs mentioned above for this form.4 In addition, EOUST has requested the Administrative Office of the United States Courts to update their electronic filing system to allow trustees to file multiple UST Form 102–7–NDR forms at once to reduce the burden on trustees and on the court. EOUST specifically invites comments from the public suggesting other methods of reducing or eliminating any additional costs associated with completing the UST Form 102–7–NDR. Paperwork Reduction Act ebenthall on PRODPC61 with PROPOSALS Unfunded Mandates Reform Act of 1995 PART 58—[AMENDED] This rule does not require the preparation of an assessment statement in accordance with the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531. This rule does not include a federal mandate that may result in the annual expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of more than the annual threshold established by the Act ($123 million in 2005, adjusted annually for inflation). Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. 4 The enhanced data transmission contemplated by EOUST would also reduce the increased costs for chapters 12 and 13 trustees in completing the Uniform Forms. 15:03 Feb 01, 2008 Jkt 214001 Privacy Act Statement 28 U.S.C. 589b authorizes the collection of the information in the final reports. As part of the trustee’s reporting to the court, the United States Trustee, and creditors concerning the trustee’s administration of the bankruptcy estate, the United States Trustee will review the information contained in these reports. The United States Trustee will not share the information with any other entity unless authorized under the Privacy Act, 5 U.S.C. 552a et seq. EOUST has published a System of Records Notice that delineates the routine use exceptions authorizing disclosure of information. See 71 FR 59818, 59822 (Oct. 11, 2006), JUSTICE/ UST–002, ‘‘Bankruptcy Trustee Oversight Records.’’ Providing this information is mandatory under 11 U.S.C. 704. List of Subjects in 28 CFR Part 58 Bankruptcy, Trusts and trustees. For the reasons set forth in the preamble, 28 CFR part 58 is proposed to be amended as set forth below: These forms are associated with an open bankruptcy case. Therefore, the exemption under 5 CFR 1320.4(a)(2) applies. VerDate Aug<31>2005 Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, and innovation; or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. 1. The authority citation for part 58 is revised to read as follows: Authority: 5 U.S.C. 301, 552; 11 U.S.C. 109(h), 111, 521(b), 727(a)(11), 1141(d)(3), 1202; 1302, 1328(g); 28 U.S.C. 509, 510, 586, 589b. 2. Add section 58.7 to read as follows: § 58.7 Procedures for completing uniform forms of trustee final reports in cases filed under chapters 7, 12, and 13 of the Bankruptcy Code. (a) UST Form 102–7–TFR, Chapter 7 Trustee’s Final Report. A chapter 7 trustee must complete UST Form 102– 7–TFR final report (TFR) before the case may be closed. This report must be submitted to the United States Trustee after liquidating the estate’s assets, but before making distribution to creditors, and before filing it with the United PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 6449 States Bankruptcy Court. Pursuant to 28 U.S.C. 589b(d), the TFR must contain the following: (1) Summary of the trustee’s case administration; (2) Copies of the estate’s financial records; (3) List of allowed claims; (4) Fees and administrative expenses; (5) Proposed dividend distribution to creditors; and (6) Trustee’s certification under penalty of perjury that all assets have been liquidated or properly accounted for, and that funds of the estate are available for distribution. (b) UST Form 102–7–NFR Chapter 7 Trustee’s Notice of Trustee’s Final Report. After the TFR has been reviewed by the United States Trustee and filed with the United States Bankruptcy Court, if the net proceeds realized in an estate exceed $1,500, UST Form 102–7– NFR (NFR) must be sent to all creditors as the notice required under Fed. R. Bankr. P. 2002(f). The NFR must show the receipts, approved disbursements, and any balance identified on the TFR, as well as the information required in the TFR’s Exhibit D. In addition, the NFR must identify the procedures for objecting to any fee application or to the TFR. (c) UST Form 102–7–TDR Chapter 7 Trustee’s Final Account, Certification The Estate Has Been Fully Administered and Application of Trustee To Be Discharged. After distributing all estate funds, a trustee must submit to the United States Trustee and file with the United States Bankruptcy Court the trustee’s final account, UST Form 102– 7–TDR (TDR). The TDR must contain the trustee’s certification that the estate has been fully administered and the trustee’s request to be discharged as trustee. Pursuant to 28 U.S.C. 589b(d), the TDR must also include the following: (1) The length of time the case was pending; (2) Assets abandoned; (3) Assets exempted; (4) Receipts and disbursements of the estate; (5) Claims asserted; (6) Claims allowed; and, (7) Distributions to claimants and claims discharged without payment, in each case by appropriate category. (d) UST Form 102–7–NDR Chapter 7 Trustee’s Report of No Distribution. In cases where there is no distribution of funds the case trustee must submit to the United States Trustee and file with the United States Bankruptcy Court UST Form 102–7–NDR (NDR). The NDR must contain the trustee’s certification, under penalty of perjury, that the estate has E:\FR\FM\04FEP1.SGM 04FEP1 ebenthall on PRODPC61 with PROPOSALS 6450 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Proposed Rules been fully administered, that the trustee has neither received nor disbursed any property or money on account of the estate except exempt property to the debtor, and that there is no property available for distribution over and above that exempted by law. In addition, the NDR must set forth the trustee’s request to be discharged as trustee. Pursuant to 28 U.S.C. 589b(d), the NDR must also include the following information: (1) The length of time the case was pending; (2) Assets abandoned; (3) Assets exempted; (4) Claims asserted; (5) Claims scheduled; and, (6) Claims discharged without payment. (e) UST Form 102–12–FR–S, Chapter 12 Standing Trustee’s Final Report and Account and UST Form 102–13–FR–S, Chapter 13 Standing Trustee’s Final Report and Account. After the final distribution to creditors in a chapter 12 or 13 case in which a standing trustee has been appointed, a trustee must submit to the United States Trustee and file with the United States Bankruptcy Court either UST Form 102–12–FR–S for chapter 12 cases or UST Form 102– 13–FR–S for chapter 13 cases, which are the trustee’s final report and account. In these forms, a trustee must include a certification that the estate has been fully administered if not converted to another chapter and a request to be discharged as trustee. Pursuant to 28 U.S.C. 589b(d), these forms must also include the following information: (1) The length of time the case was pending; (2) Assets abandoned; (3) Assets exempted; (4) Receipts and disbursements of the estate; (5) Expenses of administration, including for use under section 707(b), actual costs of administering cases under chapter 12 or 13 (as applicable) of title 11; (6) Claims asserted; (7) Claims allowed; (8) Distributions to claimants and claims discharged without payment, in each case by appropriate category; (9) Date of confirmation of the plan; (10) Date of each modification thereto; and, (11) Defaults by the debtor in performance under the plan. (f) UST Form 102–12–FR–C, Chapter 12 Case Trustee’s Final Report and Account, and UST Form 102–13–FR–C, Chapter 13 Case Trustee’s Final Report and Account. After the final distribution to creditors in a chapter 12 or 13 case in which a case trustee has been appointed, the trustee must submit to VerDate Aug<31>2005 15:03 Feb 01, 2008 Jkt 214001 the United States Trustee and file with the United States Bankruptcy Court either UST Form 102–12–FR–C for chapter 12 cases, or UST Form 102–13– FR–C for chapter 13 cases, which are the trustee’s final report and account. In these forms, a trustee must include a certification, submitted under penalty of perjury, that the estate has been fully administered if not converted to another chapter and the trustee’s request to be discharged from further duties as trustee. Pursuant to 28 U.S.C. 589b(d), these forms must also include the following information: (1) The length of time the case was pending; (2) Assets abandoned; (3) Assets exempted; (4) Receipts and disbursements of the estate; (5) Expenses of administration, including for use under section 707(b), actual costs of administering cases under chapter 12 or 13 (as applicable) of title 11; (6) Claims asserted; (7) Claims allowed; (8) Distributions to claimants and claims discharged without payment, in each case by appropriate category; (9) Date of confirmation of the plan; (10) Date of each modification thereto; and, (11) Defaults by the debtor in performance under the plan. (g) Mandatory Usage of Uniform Forms. The Uniform Forms associated with this rule must be utilized by trustees when completing their final reports and final accounts. All trustees serving in districts where a United States Trustee is serving must use the Uniform Forms in the administration of their cases, in the same manner, and with the same content, as set forth in this rule: (1) All Uniform Forms may be electronically or mechanically reproduced so long as all the content and the form remain consistent with the Uniform Forms as they are posted on EOUST’s Web site; (2) The Uniform Forms shall be filed via the United States Bankruptcy Court’s Case Management/Electronic Case Filing System (CM/ECF) as a ‘‘smart form’’ meaning the forms are data enabled. Dated: January 18, 2008. Clifford J. White III, Director, Executive Office for United States Trustees. Note: The following appendix will not appear in the Code of Federal Regulations. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Appendix—Overview of Uniform Forms Form Title UST Form 102–7–TFR—Chapter 7 Trustee’s Final Report UST Form 102–7–NFR—Chapter 7 Trustee’s Notice Of Trustee’s Final Report And Application For Compensation UST Form 102–7–TDR—Chapter 7 Trustee’s Final Account, Certification That The Estate Has Been Fully Administered And Application To Be Discharged UST Form 102–7–NDR—Chapter 7 Trustee’s Report Of No Distribution UST Form 102–12–FR–S—Chapter 12 Standing Trustee’s Final Report And Account UST Form 102–13–FR–S—Chapter 13 Standing Trustee’s Final Report And Account UST Form 102–12–FR–C—Chapter 12 Case Trustee’s Final Report And Account UST Form 102–13–FR–C—Chapter 13 Case Trustee’s Final Report And Account Before a bankruptcy case may be closed, a chapter 7 trustee must make a final report and final account of the administration of cases in which the trustee liquidates nonexempt assets of debtors. To begin the case closing process with the new Uniform Forms, the chapter 7 trustee will prepare and submit UST Form 102–7–TFR (TFR) to the United States Trustee who reviews the report prior to it being filed with the United States Bankruptcy Court. The trustee prepares and submits this TFR after completing the liquidation of the assets, but before making distributions to creditors. The TFR contains a summary of the trustee’s case administration, copies of the estate financial records, a list of allowed claims, fees and administrative expenses, and a proposed dividend distribution to creditors. The trustee certifies under penalty of perjury that all assets have been liquidated or properly accounted for, and that funds of the estate are available for distribution. After the TFR has been reviewed by the United States Trustee and filed with the United States Bankruptcy Court, if the net proceeds realized in an estate exceed $1,500, a notice required under Fed. R. Bankr. P. 2002(f) is sent to all creditors with a summary of the TFR final report. This notice is UST Form 102–7–NFR. After distribution of all estate funds, a trustee submits to the United States Trustee the trustee’s final account, UST Form 102–7– TDR (TDR), which is the last report in the chapter 7 case. This TDR contains the length of time the case was pending, assets abandoned, assets exempted, receipts and disbursements of the estate, claims asserted, claims allowed, and distributions to claimants and claims discharged without payment. The TDR also contains the trustee’s certification that the estate has been fully administered and the trustee’s request to be discharged as trustee. In cases in which there is no distribution of funds, no asset cases, the case trustee prepares and files with the United States Bankruptcy Court UST Form 102–7–NDR, which is entitled the Report of No Distribution (NDR). UST Form 102–7–NDR contains the trustee’s certification, under E:\FR\FM\04FEP1.SGM 04FEP1 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Proposed Rules penalty of perjury, that the estate has been fully administered, that the trustee has neither received nor disbursed any property or money on account of the estate except exempt property to the debtor, that there is no property available for distribution over and above that exempted by law, and the trustee’s request to be discharged as trustee. The NDR will also include information concerning the length of time the case was pending, assets abandoned, assets exempted, claims asserted, claims scheduled, and claims discharged without payment. After the final distribution to creditors in a chapter 12 or 13 case in which a standing trustee has been appointed, the trustee will file with the United States Bankruptcy Court UST Form 102–12–FR–S for chapter 12 cases or UST Form 102–13–FR–S for chapter 13 cases, which are the trustee’s final report and account. In these forms, a trustee includes a certification that the estate has been fully administered if not converted to another chapter and contains the trustee’s request to be discharged as trustee. These forms also include the information required for the TDR as well as the date of confirmation of the chapter 12 or 13 plan, date of each modification, and defaults by the debtor in performance under the plan, if applicable. A standing trustee is appointed by the United States Trustee under 28 U.S.C. 586 and may administer more than one chapter 13 or chapter 12 case, as opposed to a case trustee that is appointed under 11 U.S.C. 1302 or 11 U.S.C. 1202 and may administer only the one case to which the trustee is appointed. After the final distribution to creditors in a chapter 12 or 13 case in which a case trustee has been appointed, the trustee will file with the United States Bankruptcy Court either UST Form 102–12–FR–C for chapter 12 cases, or UST Form 102–13–FR–C for chapter 13 cases, which are the trustee’s final report and account. In these forms, a trustee includes a certification, submitted under penalty of perjury, that the estate has been fully administered if not converted to another chapter and the trustee’s request to be discharged from further duties as trustee. In addition, the forms contain the same information as that required for chapters 12 and 13 standing trustees. [FR Doc. E8–1450 Filed 2–1–08; 8:45 am] BILLING CODE 4410–40–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 ebenthall on PRODPC61 with PROPOSALS [EPA–R05–OAR–2007–1085; FRL–8519–2] Approval and Promulgation of State Implementation Plans; Ohio: Proposed Approval of Revised Oxides of Nitrogen (NOX), Phase II, and Revised NOX Trading Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Aug<31>2005 15:03 Feb 01, 2008 Jkt 214001 SUMMARY: EPA is proposing approval of a revision to the Ohio State Implementation Plan (SIP) submitted by letter on June 16, 2005. This revision addresses the requirements of EPA’s NOX SIP Call which requires further reductions in NOX emissions based on cost-effective control measures for large internal combustion engines. The revision also addresses some revisions to the State’s NOX SIP Call trading program. EPA is proposing to determine that the Ohio SIP revision satisfies the requirements for Phase II of the NOX SIP Call and the NOX SIP Call trading program because, when implemented, these will meet Ohio’s emission reduction requirements under Phase II of the NOX SIP Call. DATES: Comments must be received on or before March 5, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2007–1085, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312) 886–5824. 4. Mail: ‘‘EPA–R05–OAR–2007– 1085’’, John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery or Courier: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6084, paskevicz.john@epa.gov. SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 6451 the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, EPA will withdraw the direct final rule and will address all public comments received in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives meaningful adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. Dated: January 11, 2008. Gary Gulezian, Acting Regional Administrator, Region 5. [FR Doc. E8–1799 Filed 2–1–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 400, 405, 410, 412, 413, 414, 488, and 494 [CMS–3818–RCN] RIN 0938–AG82 Medicare and Medicaid Programs; Conditions for Coverage for End Stage Renal Disease Facilities—Extension of Timeline for Publication of Final Rule Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Extension of timeline for publication of final rule. AGENCY: SUMMARY: This notice announces an extension of the timeline for publication of the ‘‘Medicare and Medicaid Programs; Conditions for Coverage for End Stage Renal Disease Facilities’’ final rule. This notice is issued in accordance with section 1871(a)(3)(B) of the Social Security Act (the Act), which requires that a notice be published in the Federal Register if a final regulation, due to exceptional circumstances, will take longer to publish than 3 years after the publication date of the proposed rule. In this case, the complexity of the rule and scope of public comments warrants the extension of the timeline for publication. E:\FR\FM\04FEP1.SGM 04FEP1

Agencies

Department of Justice

[Federal Register Volume 73, Number 23 (Monday, February 4, 2008)]
[Proposed Rules]
[Pages 6447-6451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1450]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / 
Proposed Rules

[[Page 6447]]



DEPARTMENT OF JUSTICE

28 CFR Part 58

[Docket No: EOUST 101]
RIN 1105-AB29


Procedures for Completing Uniform Forms of Trustee Final Reports 
in Cases Filed Under Chapters 7, 12, and 13 of Title 11

AGENCY: Executive Office for United States Trustees (EOUST), Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Justice, through its component, EOUST, is 
issuing this notice of proposed rulemaking (rule) pursuant to Section 
602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 
2005 (BAPCPA). The BAPCPA requires the Department to issue rules 
requiring uniform forms for final reports (Uniform Forms) by trustees 
in cases under chapters 7, 12, and 13 of title 11. The BAPCPA requires 
the rule to strike the best achievable practical balance between: the 
reasonable needs of the public for information about the operational 
results of the Federal bankruptcy system; economy, simplicity, and lack 
of undue burden on persons with a duty to file these reports; and 
appropriate privacy concerns and safeguards.

DATES: Submit comments on or before April 4, 2008.

ADDRESSES: Comments on the rule may be submitted via 
www.regulations.gov, by telefax to (202) 307-2397, or by postal mail to 
Executive Office for United States Trustees (``EOUST''), 20 
Massachusetts Ave., NW., 8th Floor, Washington, DC 20530. To ensure 
proper handling of comments, please reference ``Docket No. EOUST 101'' 
on all written and electronic correspondence.

FOR FURTHER INFORMATION CONTACT: Roberta A. DeAngelis, Acting General 
Counsel, or Larry Wahlquist, Office of General Counsel, at (202) 307-
1399 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http:/
/www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. If you want to submit personal identifying information 
(such as your name, address, etc.) as part of your comment, but do not 
want it to be posted online, you must include the phrase ``PERSONAL 
IDENTIFYING INFORMATION'' in the first paragraph of your comment. You 
must also locate all the personal identifying information you do not 
want posted online in the first paragraph of your comment and identify 
what information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
https://www.regulations.gov.
    Personal identifying information and confidential business 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph.

Discussion of Rule

    The administration of all chapter 7, 12, and 13 bankruptcy cases is 
entrusted to private persons who are trustees under the supervision and 
oversight of a regional United States Trustee. As distinguished from 
trustees, United States Trustees are employees of the Department of 
Justice.
    In every case, a trustee must file with the court and submit to the 
United States Trustee a final report and final account of his or her 
case administration. The United States Trustee reviews these reports 
and they are then filed with the court.
    While the trustee final report forms currently used across the 
country essentially serve the same purpose and convey the same 
information, the format of the forms and required attachments, and even 
the names of the forms, can be different. In fact, there are over a 
hundred different versions of these forms in use throughout the 
country. With the passage of BAPCPA, Congress directed the Attorney 
General to draft rules creating nationally uniform forms for trustee 
final reports. The Attorney General delegated this authority to the 
Director, Executive Office for United States Trustees. In response to 
this congressional mandate, the Director publishes this rule, which 
requires trustees to utilize nationally uniform final report forms 
rather than the local forms currently in effect. This rule does not 
impose requirements on the general public; it affects only trustees who 
are supervised by United States Trustees.
    UST Forms 102-7-TFR, 102-7-NFR, 102-7-TDR, 102-7-NDR, 102-12-FR-S, 
102-13-FR-S, 102-12-FR-C, and 102-13-FR-C are the final report Uniform 
Forms required by this rule. The information required by these forms is 
set forth in proposed section 58.7 in the amendatory text below. These 
Uniform Forms will facilitate the review of a trustee's case 
administration, which will assist in maintaining the public's trust in 
the bankruptcy system. In addition, these reports, once filed in a 
case, will be available to the general public at the office of the 
clerk of the United States Bankruptcy Court where a case is pending 
during the hours established by the bankruptcy court clerk. Members of 
the public should contact individual United States Bankruptcy Courts to 
obtain information about the policies and procedures for inspection of 
final reports filed in any particular case. Final reports in cases are 
also available through the Internet by accessing the Electronic Case 
Filing System under PACER at https://www.pacer.psc.uscourts.gov.
    These Uniform Forms shall be filed via the United States Bankruptcy 
Courts Case Management/Electronic Case Filing System (CM/ECF) as a 
``smart form.'' A smart form is a document that

[[Page 6448]]

is data enabled. When it is saved into the industry standard Portable 
Document Format (PDF), stored data tags are then available for 
extraction and searching. This is contrary to a form that is not data-
enabled, where the PDF is simply an image of the form and data is not 
uniformly available for searching. The data-enabled form builds upon 
the existing Adobe PDF/A standard (Version 1.4). Specifically, the 
standard incorporates the use of XMP metadata or Acroform field and 
value (F/V) tags within an Adobe PDF document. The current data schema 
(DTD) is found on www.usdoj.gov/ust. Trustees may obtain these ``smart 
form'' Uniform Forms from their vendor of trustee case management 
software. Members of the public may obtain blank Uniform Forms from 
each United States Trustee field office and from the United States 
Trustee Program Web site at https://www.usdoj.gov/ust.
    The usage of these Uniform Forms will accomplish Congress' mandate 
to develop nationally uniform forms for trustee final reports as 
directed in the BAPCPA. Instead of many different versions of trustee 
final reports, trustees throughout the country will use the same eight 
forms. This will greatly assist consumers in being able to understand 
the administration of bankruptcy cases, especially when a consumer is 
located in a different region from where the bankruptcy case is 
located. The usage of these Uniform Forms will also assist Congress in 
compiling data to accurately analyze bankruptcy trends when making 
policy decisions.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
The Principles of Regulation. The Department has determined that this 
rule is a ``significant regulatory action'' and, accordingly, this rule 
has been reviewed by the Office of Management and Budget (``OMB'').
    The Department has also assessed both the costs and benefits of 
this rule as required by section 1(b)(6) and has made a reasoned 
determination that the benefits of this regulation justify its costs. 
The costs considered in this regulation include the time incurred by 
private trustees to complete the Uniform Forms. Since most of the 
information in the chapter 7 Uniform Forms is already collected in most 
districts, the additional time required to collect the requisite 
information and to complete the Uniform Forms should be minimal.\1\ An 
exception may be UST Form 102-7-NDR, which asks for information not 
presently collected in any district for no-asset cases. The cost of 
this form is addressed in the Regulatory Flexibility Act section.
---------------------------------------------------------------------------

    \1\ It is estimated that completion of the chapter 7 Uniform 
Forms, other than UST Form 102-7-NDR, will take approximately the 
same amount of time as the current chapter 7 final reports. 
Therefore, there should not be an appreciable difference in costs to 
complete the chapter 7 Uniform Forms as compared to current chapter 
7 final report forms.
---------------------------------------------------------------------------

    In addition, the Uniform Forms will be added to the trustee case 
management software utilized by chapter 7 trustees. This software is 
provided to chapter 7 trustees by various banks free of charge in 
exchange for trustees depositing estate funds in these banks. For 
chapter 12 and chapter 13 trustees, it is anticipated that an increase 
in costs will be incurred due to the usage of these chapters 12 and 13 
Uniform Forms. However, any associated cost will be an approved 
administrative expense of a standing trustee's trust operation.\2\
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    \2\ Please see the Regulatory Flexibility Act section for an 
explanation of the chapters 12 and 13 Uniform Forms costs.
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    It is estimated that the cost to the government for developing 
these Uniform Forms is approximately $20,000. The estimated cost to 
develop a system to store information extracted from these forms, and 
to analyze the data, is approximately $650,000. Over the next several 
years, the EOUST anticipates utilizing base resources available for 
information technology to meet the costs associated with developing the 
Uniform Forms and a system to store the information extracted from the 
forms. There will be no additional cost to the government. In fact, 
this rule will reduce the costs to the government of compiling the 
information submitted by private trustees. Since the Uniform Forms will 
be data enabled, the current system of manually compiling case closing 
information will be replaced by a less time intensive automated system.
    The benefits of this rule include establishing national uniformity 
in the final reports submitted by trustees, which will enable Congress, 
and the general public, to obtain more detailed information regarding 
bankruptcy cases nationally. This rule will enable Congress and the 
public to identify, among other things, the amount of debt scheduled in 
bankruptcy cases, the percentage of claims paid to creditors, the 
amount of debt discharged, and the value of assets abandoned by 
trustees.

Executive Order 13132

    This rule will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Director has reviewed this rule and certifies that none of 
the Uniform Forms, except for 102-7-NDR, will have a significant 
economic impact on a substantial number of small entities. This rule 
will affect only approximately 1,400 trustees. In addition, trustees 
already submit to the court essentially the same information as that 
required by this rule though formats vary in judicial districts. This 
rule simply creates uniform forms for all trustees to use throughout 
the country rather than local court forms.
    For chapter 12 and chapter 13 trustees, it is estimated that there 
will be an increase in costs in the amount of approximately $7.00 per 
final report. However, this is less than 1% of chapters 12 and 13 
trustees' total operating expenses. Chapters 12 and 13 standing 
trustees allocate this cost toward an annual budget, which means 
trustees deduct this cost from funds disbursed from debtors' estates to 
creditors. Thus, the chapters 12 and 13 Uniform Forms will not have a 
significant economic impact upon standing trustees.\3\ Public comments 
regarding the economic impact of the Uniform Forms upon trustees are 
requested.
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    \3\ Chapters 12 and 13 case trustees closed less than .001% of 
chapters 12 and 13 cases in fiscal year 2007.
---------------------------------------------------------------------------

    It is anticipated that UST Form 102-7-NDR may have a significant 
economic impact upon chapter 7 trustees because this form asks for 
information not presently collected in any district for no-asset cases. 
Accordingly, EOUST has prepared the following initial Regulatory 
Flexibility Act analysis.
    A typical chapter 7 trustee may close as many as 500 no asset cases 
each year. The current practice allows trustees to file a docket entry 
``virtual form'' for no asset cases, which enables a trustee to quickly 
complete the process on-line without having to complete a separate form 
and upload it to the court's electronic filing system. Additionally, a 
trustee may file many such virtual forms simultaneously in batch mode 
format.

[[Page 6449]]

With the introduction of the UST Form 102-7-NDR form, the current 
practice of filing virtual forms for no-asset cases via the court's 
electronic filing system will no longer be an option.
    It is estimated that it will take approximately ten minutes of 
staff time to collect and input the information required by UST Form 
102-7-NDR. A typical staff assistant earns approximately $25 per hour, 
which means a trustee could incur an additional $2,100 a year in 
increased costs. However, EOUST is currently exploring alternatives 
with the Administrative Office of the United States Courts to enhance 
the transmission of electronic data collected by the courts to EOUST. 
These include alternatives that would reduce or eliminate the need for 
trustees to manually enter the information for UST Form 102-7-NDR, 
which will reduce much of the increased costs mentioned above for this 
form.\4\ In addition, EOUST has requested the Administrative Office of 
the United States Courts to update their electronic filing system to 
allow trustees to file multiple UST Form 102-7-NDR forms at once to 
reduce the burden on trustees and on the court. EOUST specifically 
invites comments from the public suggesting other methods of reducing 
or eliminating any additional costs associated with completing the UST 
Form 102-7-NDR.
---------------------------------------------------------------------------

    \4\ The enhanced data transmission contemplated by EOUST would 
also reduce the increased costs for chapters 12 and 13 trustees in 
completing the Uniform Forms.
---------------------------------------------------------------------------

Paperwork Reduction Act

    These forms are associated with an open bankruptcy case. Therefore, 
the exemption under 5 CFR 1320.4(a)(2) applies.

Unfunded Mandates Reform Act of 1995

    This rule does not require the preparation of an assessment 
statement in accordance with the Unfunded Mandates Reform Act of 1995, 
2 U.S.C. 1531. This rule does not include a federal mandate that may 
result in the annual expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of more than 
the annual threshold established by the Act ($123 million in 2005, 
adjusted annually for inflation). Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
801 et seq. This rule will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, and innovation; or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Privacy Act Statement

    28 U.S.C. 589b authorizes the collection of the information in the 
final reports. As part of the trustee's reporting to the court, the 
United States Trustee, and creditors concerning the trustee's 
administration of the bankruptcy estate, the United States Trustee will 
review the information contained in these reports. The United States 
Trustee will not share the information with any other entity unless 
authorized under the Privacy Act, 5 U.S.C. 552a et seq. EOUST has 
published a System of Records Notice that delineates the routine use 
exceptions authorizing disclosure of information. See 71 FR 59818, 
59822 (Oct. 11, 2006), JUSTICE/UST-002, ``Bankruptcy Trustee Oversight 
Records.'' Providing this information is mandatory under 11 U.S.C. 704.

List of Subjects in 28 CFR Part 58

    Bankruptcy, Trusts and trustees.

    For the reasons set forth in the preamble, 28 CFR part 58 is 
proposed to be amended as set forth below:

PART 58--[AMENDED]

    1. The authority citation for part 58 is revised to read as 
follows:

    Authority: 5 U.S.C. 301, 552; 11 U.S.C. 109(h), 111, 521(b), 
727(a)(11), 1141(d)(3), 1202; 1302, 1328(g); 28 U.S.C. 509, 510, 
586, 589b.

    2. Add section 58.7 to read as follows:


Sec.  58.7  Procedures for completing uniform forms of trustee final 
reports in cases filed under chapters 7, 12, and 13 of the Bankruptcy 
Code.

    (a) UST Form 102-7-TFR, Chapter 7 Trustee's Final Report. A chapter 
7 trustee must complete UST Form 102-7-TFR final report (TFR) before 
the case may be closed. This report must be submitted to the United 
States Trustee after liquidating the estate's assets, but before making 
distribution to creditors, and before filing it with the United States 
Bankruptcy Court. Pursuant to 28 U.S.C. 589b(d), the TFR must contain 
the following:
    (1) Summary of the trustee's case administration;
    (2) Copies of the estate's financial records;
    (3) List of allowed claims;
    (4) Fees and administrative expenses;
    (5) Proposed dividend distribution to creditors; and
    (6) Trustee's certification under penalty of perjury that all 
assets have been liquidated or properly accounted for, and that funds 
of the estate are available for distribution.
    (b) UST Form 102-7-NFR Chapter 7 Trustee's Notice of Trustee's 
Final Report. After the TFR has been reviewed by the United States 
Trustee and filed with the United States Bankruptcy Court, if the net 
proceeds realized in an estate exceed $1,500, UST Form 102-7-NFR (NFR) 
must be sent to all creditors as the notice required under Fed. R. 
Bankr. P. 2002(f). The NFR must show the receipts, approved 
disbursements, and any balance identified on the TFR, as well as the 
information required in the TFR's Exhibit D. In addition, the NFR must 
identify the procedures for objecting to any fee application or to the 
TFR.
    (c) UST Form 102-7-TDR Chapter 7 Trustee's Final Account, 
Certification The Estate Has Been Fully Administered and Application of 
Trustee To Be Discharged. After distributing all estate funds, a 
trustee must submit to the United States Trustee and file with the 
United States Bankruptcy Court the trustee's final account, UST Form 
102-7-TDR (TDR). The TDR must contain the trustee's certification that 
the estate has been fully administered and the trustee's request to be 
discharged as trustee. Pursuant to 28 U.S.C. 589b(d), the TDR must also 
include the following:
    (1) The length of time the case was pending;
    (2) Assets abandoned;
    (3) Assets exempted;
    (4) Receipts and disbursements of the estate;
    (5) Claims asserted;
    (6) Claims allowed; and,
    (7) Distributions to claimants and claims discharged without 
payment, in each case by appropriate category.
    (d) UST Form 102-7-NDR Chapter 7 Trustee's Report of No 
Distribution. In cases where there is no distribution of funds the case 
trustee must submit to the United States Trustee and file with the 
United States Bankruptcy Court UST Form 102-7-NDR (NDR). The NDR must 
contain the trustee's certification, under penalty of perjury, that the 
estate has

[[Page 6450]]

been fully administered, that the trustee has neither received nor 
disbursed any property or money on account of the estate except exempt 
property to the debtor, and that there is no property available for 
distribution over and above that exempted by law. In addition, the NDR 
must set forth the trustee's request to be discharged as trustee. 
Pursuant to 28 U.S.C. 589b(d), the NDR must also include the following 
information:
    (1) The length of time the case was pending;
    (2) Assets abandoned;
    (3) Assets exempted;
    (4) Claims asserted;
    (5) Claims scheduled; and,
    (6) Claims discharged without payment.
    (e) UST Form 102-12-FR-S, Chapter 12 Standing Trustee's Final 
Report and Account and UST Form 102-13-FR-S, Chapter 13 Standing 
Trustee's Final Report and Account. After the final distribution to 
creditors in a chapter 12 or 13 case in which a standing trustee has 
been appointed, a trustee must submit to the United States Trustee and 
file with the United States Bankruptcy Court either UST Form 102-12-FR-
S for chapter 12 cases or UST Form 102-13-FR-S for chapter 13 cases, 
which are the trustee's final report and account. In these forms, a 
trustee must include a certification that the estate has been fully 
administered if not converted to another chapter and a request to be 
discharged as trustee. Pursuant to 28 U.S.C. 589b(d), these forms must 
also include the following information:
    (1) The length of time the case was pending;
    (2) Assets abandoned;
    (3) Assets exempted;
    (4) Receipts and disbursements of the estate;
    (5) Expenses of administration, including for use under section 
707(b), actual costs of administering cases under chapter 12 or 13 (as 
applicable) of title 11;
    (6) Claims asserted;
    (7) Claims allowed;
    (8) Distributions to claimants and claims discharged without 
payment, in each case by appropriate category;
    (9) Date of confirmation of the plan;
    (10) Date of each modification thereto; and,
    (11) Defaults by the debtor in performance under the plan.
    (f) UST Form 102-12-FR-C, Chapter 12 Case Trustee's Final Report 
and Account, and UST Form 102-13-FR-C, Chapter 13 Case Trustee's Final 
Report and Account. After the final distribution to creditors in a 
chapter 12 or 13 case in which a case trustee has been appointed, the 
trustee must submit to the United States Trustee and file with the 
United States Bankruptcy Court either UST Form 102-12-FR-C for chapter 
12 cases, or UST Form 102-13-FR-C for chapter 13 cases, which are the 
trustee's final report and account. In these forms, a trustee must 
include a certification, submitted under penalty of perjury, that the 
estate has been fully administered if not converted to another chapter 
and the trustee's request to be discharged from further duties as 
trustee. Pursuant to 28 U.S.C. 589b(d), these forms must also include 
the following information:
    (1) The length of time the case was pending;
    (2) Assets abandoned;
    (3) Assets exempted;
    (4) Receipts and disbursements of the estate;
    (5) Expenses of administration, including for use under section 
707(b), actual costs of administering cases under chapter 12 or 13 (as 
applicable) of title 11;
    (6) Claims asserted;
    (7) Claims allowed;
    (8) Distributions to claimants and claims discharged without 
payment, in each case by appropriate category;
    (9) Date of confirmation of the plan;
    (10) Date of each modification thereto; and,
    (11) Defaults by the debtor in performance under the plan.
    (g) Mandatory Usage of Uniform Forms. The Uniform Forms associated 
with this rule must be utilized by trustees when completing their final 
reports and final accounts. All trustees serving in districts where a 
United States Trustee is serving must use the Uniform Forms in the 
administration of their cases, in the same manner, and with the same 
content, as set forth in this rule:
    (1) All Uniform Forms may be electronically or mechanically 
reproduced so long as all the content and the form remain consistent 
with the Uniform Forms as they are posted on EOUST's Web site;
    (2) The Uniform Forms shall be filed via the United States 
Bankruptcy Court's Case Management/Electronic Case Filing System (CM/
ECF) as a ``smart form'' meaning the forms are data enabled.

    Dated: January 18, 2008.
Clifford J. White III,
Director, Executive Office for United States Trustees.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix--Overview of Uniform Forms

Form Title

UST Form 102-7-TFR--Chapter 7 Trustee's Final Report
UST Form 102-7-NFR--Chapter 7 Trustee's Notice Of Trustee's Final 
Report And Application For Compensation
UST Form 102-7-TDR--Chapter 7 Trustee's Final Account, Certification 
That The Estate Has Been Fully Administered And Application To Be 
Discharged
UST Form 102-7-NDR--Chapter 7 Trustee's Report Of No Distribution
UST Form 102-12-FR-S--Chapter 12 Standing Trustee's Final Report And 
Account
UST Form 102-13-FR-S--Chapter 13 Standing Trustee's Final Report And 
Account
UST Form 102-12-FR-C--Chapter 12 Case Trustee's Final Report And 
Account
UST Form 102-13-FR-C--Chapter 13 Case Trustee's Final Report And 
Account

    Before a bankruptcy case may be closed, a chapter 7 trustee must 
make a final report and final account of the administration of cases 
in which the trustee liquidates non-exempt assets of debtors. To 
begin the case closing process with the new Uniform Forms, the 
chapter 7 trustee will prepare and submit UST Form 102-7-TFR (TFR) 
to the United States Trustee who reviews the report prior to it 
being filed with the United States Bankruptcy Court. The trustee 
prepares and submits this TFR after completing the liquidation of 
the assets, but before making distributions to creditors. The TFR 
contains a summary of the trustee's case administration, copies of 
the estate financial records, a list of allowed claims, fees and 
administrative expenses, and a proposed dividend distribution to 
creditors. The trustee certifies under penalty of perjury that all 
assets have been liquidated or properly accounted for, and that 
funds of the estate are available for distribution. After the TFR 
has been reviewed by the United States Trustee and filed with the 
United States Bankruptcy Court, if the net proceeds realized in an 
estate exceed $1,500, a notice required under Fed. R. Bankr. P. 
2002(f) is sent to all creditors with a summary of the TFR final 
report. This notice is UST Form 102-7-NFR.
    After distribution of all estate funds, a trustee submits to the 
United States Trustee the trustee's final account, UST Form 102-7-
TDR (TDR), which is the last report in the chapter 7 case. This TDR 
contains the length of time the case was pending, assets abandoned, 
assets exempted, receipts and disbursements of the estate, claims 
asserted, claims allowed, and distributions to claimants and claims 
discharged without payment. The TDR also contains the trustee's 
certification that the estate has been fully administered and the 
trustee's request to be discharged as trustee.
    In cases in which there is no distribution of funds, no asset 
cases, the case trustee prepares and files with the United States 
Bankruptcy Court UST Form 102-7-NDR, which is entitled the Report of 
No Distribution (NDR). UST Form 102-7-NDR contains the trustee's 
certification, under

[[Page 6451]]

penalty of perjury, that the estate has been fully administered, 
that the trustee has neither received nor disbursed any property or 
money on account of the estate except exempt property to the debtor, 
that there is no property available for distribution over and above 
that exempted by law, and the trustee's request to be discharged as 
trustee. The NDR will also include information concerning the length 
of time the case was pending, assets abandoned, assets exempted, 
claims asserted, claims scheduled, and claims discharged without 
payment.
    After the final distribution to creditors in a chapter 12 or 13 
case in which a standing trustee has been appointed, the trustee 
will file with the United States Bankruptcy Court UST Form 102-12-
FR-S for chapter 12 cases or UST Form 102-13-FR-S for chapter 13 
cases, which are the trustee's final report and account. In these 
forms, a trustee includes a certification that the estate has been 
fully administered if not converted to another chapter and contains 
the trustee's request to be discharged as trustee. These forms also 
include the information required for the TDR as well as the date of 
confirmation of the chapter 12 or 13 plan, date of each 
modification, and defaults by the debtor in performance under the 
plan, if applicable. A standing trustee is appointed by the United 
States Trustee under 28 U.S.C. 586 and may administer more than one 
chapter 13 or chapter 12 case, as opposed to a case trustee that is 
appointed under 11 U.S.C. 1302 or 11 U.S.C. 1202 and may administer 
only the one case to which the trustee is appointed.
    After the final distribution to creditors in a chapter 12 or 13 
case in which a case trustee has been appointed, the trustee will 
file with the United States Bankruptcy Court either UST Form 102-12-
FR-C for chapter 12 cases, or UST Form 102-13-FR-C for chapter 13 
cases, which are the trustee's final report and account. In these 
forms, a trustee includes a certification, submitted under penalty 
of perjury, that the estate has been fully administered if not 
converted to another chapter and the trustee's request to be 
discharged from further duties as trustee. In addition, the forms 
contain the same information as that required for chapters 12 and 13 
standing trustees.

 [FR Doc. E8-1450 Filed 2-1-08; 8:45 am]
BILLING CODE 4410-40-P

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