Admin Order Re Registry Funds

SIGNED this 07th day of February, 2013.
________________________________________ ________________________________________
Ronald B. King CRAIG GARGOTTA
United States Chief Bankruptcy Judge United States Bankruptcy Judge
________________________________________
H. CHRISTOPHER MOTT
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF TEXAS
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ADMINISTRATIVE ORDER
REGARDING DEPOSIT AND INVESTMENT OF REGISTRY FUNDS
The Court, having determined that it is necessary to adopt local procedures to ensure
uniformity in the deposit and investment of funds in the Court’s Registry,
IT IS ORDERED that the following shall govern the receipt, deposit and investment of
registry funds:
I. Receipt of Funds

A. No money shall be sent to the Court or its officers for deposit in the Court’s registry without
a court order signed by the presiding judge in the case or proceeding.

B. The party making the deposit or transferring funds to the Court’s registry shall serve the
order permitting the deposit or transfer on the Clerk of Court.

C. Unless provided for elsewhere in this Order, all monies ordered to be paid to the Court or
received by its officers in any case pending or adjudicated shall be deposited with the
Treasurer of the United States in the name and to the credit of this Court pursuant to 28
U.S.C. § 2041 through depositories designated by the Treasury to accept such deposit on its
behalf.
II. Investment of Registry Funds

A. Where, by order of the Court, funds on deposit with the Court are to be placed in some form
of interest-bearing account, or invested in a court-approved, interest-bearing instrument in
accordance with Rule 67 of the Federal Rules of Civil Procedure, the Court Registry
Investment System (“CRIS”), administered by the Administrative Office of the United States
Courts under 28 U.S.C. § 2045, shall be the only investment mechanism authorized.

B. The Director of Administrative Office of the United States Courts is designated as custodian
for CRIS. The Director or the Director’s designee shall perform the duties of custodian.
Funds held in the CRIS remain subject to the control and jurisdiction of the Court.

C. Money from each case deposited in the CRIS shall be “pooled” together with those on
deposit with Treasury to the credit of other courts in the CRIS and used to purchase
Government Account Series securities through the Bureau of Public Debt, which will be
held at Treasury, in an account in the name and to the credit of the Director of Administrative
Office of the United States Courts. The pooled funds will be invested in accordance with the
principals of the CRIS Investment Policy as approved by the Registry Monitoring Group.

D. An account for each case will be established in the CRIS titled in the name of the case giving
rise to the investment in the fund. Income generated from fund investments will be
distributed to each case based on the ratio each account’s principal and earnings has to the
aggregate principal and income total in the fund. Reports showing the interest earned and
the principal amounts contributed in each case will be prepared and distributed to each court
participating in the CRIS and made available to litigants and/or their counsel.

III. Deductions of Fees

A. The custodian is authorized and directed by this Order to deduct the investment services fee
for the management of investments in the CRIS and the registry fee for maintaining accounts
deposited with the Court.

B. The investment services fee is assessed from interest earnings to the pool according to the
Court’s Miscellaneous Fee Schedule and is to be assessed before a pro rata distribution of
earnings to court cases.

C. The registry fee is assessed by the custodian from each case’s pro rata distribution of the
earnings and is to be determined on the basis of the rates published by the Director of the
Administrative Office of the United States Courts as approved by the Judicial Conference
of the United States.

IV. Transition From Former Investment Procedure

A. The Clerk of Court is further directed to develop a systematic method of redemption of all
existing investments and their transfer to the CRIS.

B. Parties not wishing to transfer certain existing registry deposits into the CRIS may seek leave
to transfer them to the litigants or their designees on proper motion and approval of the judge
assigned to the specific case.

C. This Order supersedes and abrogates all prior orders of this Court regarding the deposit and
investment of registry funds.
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Admin Order Re Registry Funds

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SIGNED this 07th day of February, 2013.

UNITED STATES BANKRUPTCY COURT

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