Why Every Bankruptcy Case Gets a Trustee
When navigating the bankruptcy process, you may come across the term “bankruptcy trustee.” But what exactly is a bankruptcy trustee, and what role do they play in the bankruptcy proceedings?
Let’s shed light on the crucial role of a bankruptcy trustee, their responsibilities and their impact on the bankruptcy process. Understanding this information will help you be more prepared and confident for the process!
What is a Bankruptcy Trustee?
A bankruptcy trustee is a key figure in both Chapter 7 and Chapter 13 bankruptcy cases. They are appointed by the court to oversee and administer the bankruptcy proceedings. The trustee acts as an impartial intermediary, ensuring the fair treatment of all parties involved, including the debtor and the creditors.
Unlike a bankruptcy attorney in New York, you don’t get to pick your bankruptcy trustee. The bankruptcy court will appoint a trustee to your case. Trustees are required to have a strong background in legal and financial matters and know the ins and outs of bankruptcy and how it works.
Duties and Responsibilities of a Bankruptcy Trustee
Bankruptcy trustees are responsible for reviewing all the documents filed and investigating your assets and income. They will make a recommendation for whether or not the case should move forward, so it’s important to be transparent and honest about all of your assets and debts. Any information that is missing or omitted can cause your case to be dismissed.
Here are the duties and responsibilities you can expect your bankruptcy trustee to handle:
Asset gathering and liquidation
In Chapter 7 bankruptcy, the trustee’s primary responsibility is to gather your non-exempt assets, liquidate them and distribute the money to the creditors. They will identify and evaluate your assets, which may include real estate, vehicles, investments and personal belongings, to determine what can be sold to repay the debts.
Keep in mind that there are exemptions, which your bankruptcy attorney can help with. For example, New York bankruptcy exemptions let you protect property such as your home and vehicle so that you can work and live safely.
Repayment plan creation
In Chapter 13 bankruptcy, the trustee’s role differs slightly. They will review your proposed repayment plan, ensuring it meets the legal requirements and is fair to the creditors. The trustee will also collect your monthly payments and distribute them to the creditors according to the approved plan. After three to five years, your repayment plan will be complete, and any remaining debts will be discharged.
Examination of financial documents
You can expect your trustee to thoroughly examine your financial documents, including income statements, tax returns, bank statements and other relevant records. This scrutiny helps ensure the accuracy of the financial disclosures and the integrity of the bankruptcy process.
Mediation and dispute resolution
If disputes arise during the bankruptcy process, the trustee plays a role in mediating between you and the creditors. They will work to find common ground and resolve conflicts in an equitable manner.
Adherence to bankruptcy laws
The trustee is also responsible for ensuring that all parties involved comply with bankruptcy laws and regulations. They will make sure that you fulfill your obligations, such as attending required credit counseling sessions or providing accurate financial information.
Impartiality and ethical conduct
Bankruptcy trustees are expected to maintain impartiality and act in the best interests of all parties involved. They must adhere to strict ethical standards and avoid any conflicts of interest that could compromise the integrity of the bankruptcy process.
Communication and information sharing
Bankruptcy trustees facilitate communication between you, the creditors and the bankruptcy court. They provide information to ensure you understand your rights, obligations and the overall bankruptcy process.
However, you still need a bankruptcy attorney, as trustees are not protecting your interests solely. You also cannot reach them directly or ask them for legal advice. This is a job for your bankruptcy lawyer.
Oversight and accountability
The trustee is accountable to the court and must file reports and documents detailing the progress of the bankruptcy case. They must keep accurate records of all financial transactions and provide an account of the distribution of funds to the court.
Schedule a Free Bankruptcy Consultation
Bankruptcy trustees play a vital role in the bankruptcy process, acting as impartial administrators and guardians of the proceedings. If you file for bankruptcy, you will be appointed a bankruptcy trustee to oversee your case. Your bankruptcy lawyer will represent you solely and protect your best interests.
The Law Office of William Waldner offers free consultations. Set one up today and let’s chat! We can help you determine if bankruptcy is the right option for you and the next steps to take.