NC and AL Opt-Out Districts

Bankruptcy Administrators

In six federal judicial districts - the three districts of North Carolina and the three districts of Alabama - bankruptcy case administration and oversight functions are performed by the Bankruptcy Administrator rather than by the United States Trustee. The Bankruptcy Administrator program is authorized by 28 U.S.C. § 156(b) and was originally established by § 302 of Pub. L. 99-554 (1986); it was made permanent by Pub. L. 106-518 (2000).

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Section 01Why These Six Districts

When Congress reorganized federal bankruptcy supervision through the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Pub. L. 99-554), it created the United States Trustee Program under the Department of Justice and made participation mandatory in all federal judicial districts except those expressly authorized to opt out. The judicial councils of the Fourth Circuit (covering the three districts of North Carolina) and the Eleventh Circuit (covering the three districts of Alabama) elected not to participate. In place of the United States Trustee, those six districts use a Bankruptcy Administrator appointed by the court of appeals for the circuit under 28 U.S.C. § 156(b).

The North Carolina and Alabama programs were structured as a pilot. The pilot was extended several times and made permanent by Pub. L. 106-518 (Federal Courts Improvement Act of 2000). The six districts have continued under the BA model since.

Section 02The Six BA Districts

M.D.N.C.

William P. Miller

Middle District of North Carolina
E.D.N.C.

Marjorie K. Lynch

Eastern District of North Carolina
W.D.N.C.

Shelley K. Abel

Western District of North Carolina
M.D. Ala.

Teresa R. Jacobs

Middle District of Alabama
N.D. Ala.

J. Thomas Corbett

Northern District of Alabama
S.D. Ala.

Mark S. Zimlich

Southern District of Alabama

Section 03BA vs. UST - Key Differences

AttributeUnited States Trustee (88 districts)Bankruptcy Administrator (6 NC and AL districts)
Statutory authority28 U.S.C. ch. 39 (§§ 581-589a)28 U.S.C. § 156(b); 28 U.S.C. § 581 note
Branch of governmentExecutive (Department of Justice)Judicial (Court of Appeals)
Appointing authorityAttorney General (28 U.S.C. § 581(a))Court of Appeals for the circuit (28 U.S.C. § 156(b))
Supervising officeExecutive Office for United States Trustees (EOUST)Administrative Office of the U.S. Courts and the Court of Appeals
TermFive-year renewable term (28 U.S.C. § 581(b))Continuing appointment by the appointing court
Quarterly chapter 11 fees28 U.S.C. § 1930(a)(6); deposited in U.S. Trustee System Fund28 U.S.C. § 1930(a)(7); judicial-branch fee schedule, historically lower in some periods
Subchapter V trustee appointmentsUST under 11 U.S.C. § 1183(a)BA under 11 U.S.C. § 1183(a)
Substantive duties in Title 11 casesSupervise administration; appoint panel trustees; review fees; appoint committeesSame substantive duties; Title 11 references to “United States Trustee” are read to include the BA in the six BA districts
Quarterly fees note: Until the Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464 (2022), there had been a period of years in which chapter 11 quarterly fees in BA districts were lower than the fees charged in UST districts. The Bankruptcy Threshold Adjustment and Technical Corrections Act of 2022 (Pub. L. 117-151) and subsequent administrative steps brought the fee schedules into uniformity, and the Court’s decision required refund or credit treatment for the disparity period.

Section 04Official Resources

Disclaimer: Public-record roster of Bankruptcy Administrators published by the Open Bankruptcy Project. Not legal advice. The role of the Bankruptcy Administrator in the six BA districts is functionally analogous to the role of the United States Trustee in the 88 UST districts, but the statutory framework, appointing authority, and oversight chain differ. For representation in a specific matter, contact a licensed attorney admitted to practice in the relevant district.

Sources: The Bankruptcy Administrator program is authorized by 28 U.S.C. § 156(b) and was originally established by § 302 of Pub. L. 99-554 (Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986). The North Carolina and Alabama judicial districts elected not to participate in the United States Trustee Program; the BA Pilot Program covering those six districts was made permanent by Pub. L. 106-518 (2000). Names of Bankruptcy Administrators derive from each district court’s public website and from the official BA office site for each district (each district maintains a *ba.uscourts.gov or equivalent sub-domain).

The Open Bankruptcy Project is a 501(c)(3) public charity (EIN 41-5159631). Derived data on this page is published under CC BY-SA 4.0. OBP does not publish qualitative characterizations of individual officeholders or evaluations of administrative decisions.

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