We provided a draft audit report to the EOUST for review and comment. The EOUST’s comments, which detail the actions it has taken or plans to implement in response to our recommendations, have been included as Appendix X to this report.
This Appendix summarizes our analysis of the EOUST’s comments and proposed actions required to close the report.
Recommendations:
Resolved. The EOUST agreed with this recommendation and enumerated seven steps that it intends to take, including the issuance of guidance to the field to reinforce policies and stress the need to meet deadlines and the design and implementation of a tracking system for field examinations and Trustee Interim Report reviews. In addition, the EOUST also stated that it plans to modify performance work plans for program managers to address compliance with trustee oversight protocols. This recommendation can be closed when we are provided evidence that the corrective action described in the EOUST’s seven steps have been implemented.
Resolved. The EOUST agreed with this recommendation and enumerated seven steps that it intends to take, including the issuance of guidance to the field to reinforce policies and stress the need to meet deadlines and the design and implementation of a tracking system for field examinations and Trustee Interim Report reviews. In addition, the EOUST also stated that it plans to modify performance work plans for program managers to address compliance with trustee oversight protocols. This recommendation can be closed when we are provided evidence that the corrective action described in the EOUST’s seven steps have been implemented.
Resolved. The EOUST agreed with this recommendation and stated that it will continue to cooperate with the AOUSC and encourage the courts to adopt the jointly developed data-enabled form as a mandatory standard. The EOUST also stated that the Judicial Conference of the United States will address the issue of the data-enabled form standard in the near future. In order to close this recommendation, please provide to us the results of the Judicial Conference report. In addition, please provide to us the AOUSC’s response to the EOUST’s proposed options to mitigate the impact of mandatory data-enabled forms on bankruptcy practitioners. Finally, please provide to us the proposed agenda to move the issue of data-enabled forms forward based on the AOUSC’s response to the EOUST’s proposed options.
Resolved. The EOUST agreed with this recommendation and enumerated five steps that it intends to take, or has already taken, including the development of a plan to address expanded responsibilities and diminished resources as well as issuance of guidance on streamlining for means testing. In addition, the EOUST plans to conduct a study of the means testing process to identify where opportunities exist for further streamlining. The EOUST also plans to incorporate an evaluation of compliance with streaming initiatives into the USTP’s peer review process. This recommendation can be closed when we receive evidence that the corrective action described in the EOUST’s five steps have been implemented.