The United States State Trustee
In addition to the private case trustee or examiner and the creditors’ committee, the United States trustee plays a major role in monitoring the progress of a chapter 11 case and supervising its administration. The United States trustee is responsible for monitoring the debtor in possession’s operation of the business, the submission of operating reports and fees, applications for compensation and reimbursement, plans, and disclosure statements, and creditors’ committees. The United States trustee conducts a meeting of the creditors, often referred to as the “341(a) meeting,” in a chapter 11 case. The United States trustee and creditors may question the debtor under oath at the 341(a) meeting concerning the debtor’s acts, conduct, property, and the administration of the case.

The United States trustee also imposes certain requirements on the debtor in possession concerning matters such as reporting its monthly income and operating expenses, the establishment of new bank accounts, and the payment of current employee withholding and other taxes. By law, the debtor in possession must pay a quarterly fee to the United States trustee for each quarter of a year until a plan is confirmed or the case is converted or dismissed. The amount of the fee depends upon the amount of disbursements during each quarter. Should a debtor in possession fail to comply with the reporting requirements of the United States trustee, or order of the bankruptcy court, or fail to take the appropriate steps to bring the case to confirmation, the United States trustee may file a motion with the court to have the debtor’s chapter 11 case converted to a case under another chapter of the Code or file a motion to have the case dismissed.