What is a "Trustee" in Bankruptcy?


Regardless if you file a Chapter 13 or a Chapter 7, the United States Trustee will appoint a trustee to your case. These Trustees are usually lawyers or accountants and they will conduct your "341" Meeting.

In a Chapter 7, the trustee's job is to locate any un-exempt assets, and convert those assets to cash to pay your creditors. This is why is is extremely important to know the exemption laws in bankruptcy and to know how to use them to protect your assets. The trustee can and will find any asset that can't be exempted to pay your creditors. They will ask you questions about your assets at the "341" Meeting, and if you cannot account for an asset or give a value that is higher than on your petition (making it un-exempt), they will motion to court and take that asset from you. Only an attorney trained in bankruptcy law can protect your assets from the trustee.

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In a Chapter 13, the trustee will also conduct your "341" Meeting. Generally, you do not have to worry about un-exempt assets in a Chapter 13 case because you will be paying some or all your debt to your creditors. The trustee's in a Chapter 13 has additional duties in that they will review your Chapter 13 plan to make sure that you can really make the payments to your creditors that you propose to do in your plan. Your payments will be sent to the trustee, and the trustee will disburse the payments to you creditors according to your plan. The trustee is paid as a percentage of your monthly plan payment. keep in mind, the trustee will go over your plan with a fine tooth comb and try to get as much money for your creditors as possible. That is why it is important to have a lawyer trained in the bankruptcy laws to prepare your plan. It is also important to hire an attorney familiar with your districts trustee's.


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