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Bankruptcy Administration Improvement Act of 2020 (BAIA) - New CM/ECF events and FY 2021 Funds Availability

Tuesday, June 21, 2022

The Bankruptcy Administration Improvement Act (BAIA) was enacted on January 12, 2021. (Pub. L. No. 116-325). The BAIA amends 11 U.S.C. §330 to include a new subsection (e) that establishes a new payment for eligible chapter 7 trustees in applicable chapter 7 cases, to be paid in addition to the existing payment prescribed by subsection (b).

The Interim Regulations for Trustee Payments Under 11 U.S.C. § 330(e) require that the chapter 7 trustee file a certification with the court that the trustee has rendered service and is eligible to receive the section 330(e) payments. New dictionary events were created for a chapter 7 trustee to certify eligibility to receive the section 330(e) payment for each applicable case and will be available for your use on 6/21/2022. Chapter 7 trustees are required to use these events to complete their certification and receive payment. Only one certification may be filed per case. The CM/ECF public release notes (located on PACER here) related to these events are available to the chapter 7 trustees for guidance on filing these events. The Interim Regulations are also available publicly and provide a blueprint for filing these certifications of payment eligibility.

The funds for FY 2021 are now available. For additional information, please see the notice regarding FY 2021 payments.