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Bankruptcy Administration: Justification Lacking for Continuing Two Parallel Programs

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Report Type Reports and Testimonies
Report Date Sept. 28, 1992
Report No. GGD-92-133
Subject
Summary:

During the past several years, bankruptcy filings have increased more rapidly than at any other time in history. Filings since 1986 have soared 84 percent, from 478,000 to 880,000, and 1 million bankruptcy filings are predicted for 1992. Two programs exist to ensure that bankruptcy cases are administered in accordance with the bankruptcy laws: the U.S. Trustee program and the Bankruptcy Administrator program. GAO could not find any justification for continuing these two separate programs, which were created when Congress overhauled the bankruptcy system in 1978. GAO's review of the two programs in selected districts found that the U.S. Trustee program costs more, but the expense is shouldered by system users. The Bankruptcy Administrator program, by contrast, has a different fee structure and is not self-financing. GAO's analysis of key performance indicators in these districts found no systematic differences that would recommend one organizational structure over the other. To limit the impact of the U.S. Trustee program on the federal budget, Congress incorporated a self-funding provision that is now generating funds in excess of what is appropriated to run the program.

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