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"Virginia Bankruptcy Trustee"

In Virginia bankruptcy cases filed under Chapters 7 and 13, a trustee is appointed by the court to review legal compliance for all documents filed by debtors, recommend the disposition of the case, and file a final accounting. Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local attorneys acting as Assistant US Trustees for Virginia bankruptcy proceedings. Trustees represent the interest of the DOJ & U.S. Trustee.

11 U.S.C. §307: "The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title"

11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The trustee in a case under this title has capacity to sue and be sued"

11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such person; and (B) reimbursement for actual, necessary expenses."

On March 5, 2004 the Virginia Bankruptcy Courts adopted newly adjusted dollar amounts which apply throughout the Code. The changes became effective April1, 2004. The adjusted amounts affect the values throughout carious Code sections, including the eligibility requirement for debtors who file Chapter 13, the value of claims which the Code treats as a priority claim, the amount of creditor claims need to instigate an involuntary petition, and the amount of luxury goods and services which may be considered nondischargeable if acquired within 30 days of filing. These changes to Virginia bankruptcy law were based on the Consumer Price Index published by the US Dept. of Labor, and increase values to reflect rising prices. These changes became mandatory every three years beginning in 1994.

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