[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR58.3]

[Page 134]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 58--REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994--Table of Contents
 
Sec. 58.3  Qualification for membership on panels of private trustees.

    (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
    (C) A member of a program established by the local bar association 
to provide clinical experience to students; 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.

[[Page 135]]