There are several different types of professionals called trustees who handle different aspects of bankruptcy cases. Most trustees now serving are licensed attorneys, but not all. They are not appointed or employed by the Bankruptcy Court, but their fees and expenses are subject to court approval.

The United States Trustee's Office is a department within the U.S. Department of Justice which appoints, supervises, audits, and evaluates the performance of the case trustees, and appoints Creditors Committees in Chapter 11 cases. It is not part of the Bankruptcy Court and does not have the power to resolve disputes but handles the administrative aspects of bankruptcy estates. Call them if you have complaints about an individual trustee's handling of a case, or evidence of a bankruptcy crime or fraud. They are not allowed to advise private parties of their rights in bankruptcy.

The U.S. Trustee appoints private individuals to act as trustees in bankruptcy cases. Chapter 7 (liquidation) cases are handled by members of a panel of trustees, who are assigned cases on a rotating or geographical basis. You may hear them referred to as Panel Trustees. Contact them about buying or repossessing property or with information about a debtor or estate, but don't ask them for legal advice.

Only one trustee handles all Chapter 13 cases (repayment by individuals with regular income), and he is designated as the Standing Chapter 13 Trustee. The same trustee handles all Chapter 12 cases as well. Contact him about any matter of administration of any Chapter 13 or Chapter 12 case, but not to ask for legal advice.

Businesses reorganizing under Chapter 11 are managed by the company's directors and officers, or owners, as a "debtor-in-possession" unless the Bankruptcy Court orders the appointment of a trustee. If ordered, a trustee is appointed by the U.S. Trustee after consultation with principal parties.

Trustees in all different types of bankruptcy cases are responsible for convening the Meeting of Creditors pursuant to section 341 of the Bankruptcy Code. These meetings are held in various locations throughout the state, depending on where the debtor resides. Creditor meeting locations.

Instructions and Forms Required for Telephonic 341 Meeting of Creditors:

             Telephonic 341 Meeting of Creditors - Instructions for Testifying Debtors and Counsel

             Attorney Declaration Regarding Confirmation of Debtor Identity and Social Security Number

             Declaration Regarding Administration of Oath and Confirmation of Identity and Social Security Number

New Chapter 11 Operating Reports

On December 21, 2020, the United States Trustee Program (USTP) published a final rule in the Federal Register entitled “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11”, (the “Final Rule”). The Final Rule became effective on June 21, 2021, and requires chapter 11 debtors in possession and trustees — other than small business debtors — to file monthly operating reports (MORs) and post-confirmation reports (PCRs) using streamlined, data-embedded, uniform forms in every case in every judicial district where the USTP operates.

The uniform forms, and instructions for their use and filing, are available on the USTP’s website: https://www.justice.gov/ust/chapter-11-operating-reports.

The Maine USTP office will provide training to bankruptcy professionals on completing, filing, and serving the new uniform MOR and PCR forms.

Trustees

Office of United States Trustee:

Stephen Morrell, Assistant U.S. Trustee
537 Congress Street
Portland. ME 04101
tel (207) 780-3564

Jennifer Pincus, Trial Attorney
537 Congress Street
Portland, Me 04101
tel (207) 780-3564

United States Trustee Web Site

Chapter 7 (panel) Trustees:

Nathaniel Hull trustee@verrilldana.com
Verrill Dana, LLP
One Portland Square
P.O. Box 586
Portland, ME 04112-0586
tel (207) 253-4726

Anthony Manhart trusteemanhart@preti.com
PretiFlaherty
One City Center
P.O. Box 9546
Portland, ME 04112
tel (207) 791-3000

Jeffrey Piampiano trustee@dwmlaw.com
Drummond Woodsum
84 Marginal Way Suite 600
Portland, ME 04101-2480
tel (207) 772-1941
 

Standing Chapter 13 Trustee:

Andrew M. Dudley jawill@chap13.com
P.O. Box 429
Brunswick, ME 04011
tel (207) 725-1300

Chapter 12 Trustee:

Andrew M. Dudley jawill@chap13.com
P.O. Box 429
Brunswick, ME 04011
tel (207) 725-1300