TRUSTEE DUTIES; PROFESSIONAL FEES.

SEC. 224. TRUSTEE DUTIES; PROFESSIONAL FEES. (a) Trustee’s Duties.— Section 586(a)(3)(A) of title 28, United States Code, is amended to read as follows: “(A) (i) reviewing, in accordance with procedural guidelines adopted by the Executive Office of the United States Trustee (which guidelines shall be applied uniformly by the United States trustee except when circumstances warrant different treatment), applications filed for compensation and reimbursement under section 330 of title 11; and “(ii) filing with the court comments with respect to such application and, if the United States Trustee considers it to be appropriate, objections to such application.”. (b) Professional Fees— Section 330(a) of title 11, United States Code, is amended to read as follows: “(a) (1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a professional person employed under section 327 or 1103— “(A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such person; and “(B) reimbursement for actual, necessary expenses. “(2) The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested. “(3) (A) In determining the amount of reasonable compensation to be awarded, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including— “(A) the time spent on such services; “(B) the rates charged for such services; “(C) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title; “(D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; and 108 STAT. 4131 “(E) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. “(4) (A) Except as provided in subparagraph (B), the court shall not allow compensation for— “(i) unnecessary duplication of services; or “(ii) services that were not— “(I) reasonably likely to benefit the debtor’s estate; or “(II) necessary to the administration of the case. “(B) In a chapter 12 or chapter 13 case in which the debtor is an individual, the court may allow reasonable compensation to the debtor’s attorney for representing the interests of the debtor in connection with the bankruptcy case based on a consideration of the benefit and necessity of such services to the debtor and the other factors set forth in this section. “(5) The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the estate. “(6) Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application.”.