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.
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