论美国破产托管人的选任及薪酬

On the Appointment and Remuneration of Trustee in Bankruptcy in the U.S.

美国破产法典规定了三种不同的程序,其目标亦有差异。这导致三种程序托管人的角色、任命及其薪酬也各自有别。清算程序中托管人由债权人选举产生;重整程序中托管人可由法院裁定、债权人选举或联邦托管人任命产生;个人债务调整程序中托管人由联邦托管人任命产生。托管人的薪酬原则上按照分档累积收费制收取,法典还规定其上下限,并且法院享有一定程度的调整薪酬的裁量权。

For selecting a trustee in a bankruptcy procedure, there are three distinguishing ways with different purposes with which the roles , the designations and remunerations of the trustee vary. In the liquidation procedure, the trustee is to be elected by creditors; in the reorganization procedure, to be selected by the court or elected by the creditors or appointed by the federal trustee; in the personal indebtedness procedure, to be designated by the federal trustee. In general, the classified accumulated accounting mode is adopted for the calculation of the remuneration of the trustee with the maximum and minimum line set by the code , and the court has the discretion to adjust the remuneration to some extent.