After you file for bankruptcy, the automatic stay will go into effect which stops most debt collection efforts by your creditors, and the bankruptcy court will appoint a trustee to oversee your case. The trustee will be an essential part of everything which happens during your bankruptcy and will have the power to make recommendations and decisions which can significantly impact your ability to discharge your debt.

The trustee’s responsibilities in your case will depend on which Chapter you file.  Generally, the trustee’s duties will concern getting accurate information about your assets and liabilities and making sure payments are made to your creditors according to the Bankruptcy Code.

When you file under Chapter 7, you are required to provide detailed information about your property. The trustee will review what you submit and complete a full inventory. After everything is identified, you will then claim all applicable exemptions, and the trustee will sell all of your qualifying assets. During this process, your creditors can make formal claims against your bankruptcy estate which the trustee will review and reject if they are not valid. The trustee can also agree with or oppose your discharge.

Chapter 13 bankruptcy requires that the debtor repay his or her debts according to plan. The repayment amount is calculated after the trustee looks at the debtor’s non-exempt assets and obligations. The trustee will review the proposed repayment plan and can object if he or she believes it is improper. Once the plan is in place, the trustee will collect your payment and allocate it to your creditors. 

One of the most important things you can do regarding the trustee is to be cooperative. This individual will be scheduling mandatory meetings such as the meeting of the creditors and will be evaluating your case and documentation. The trustee has the power to object to your discharge and inform the bankruptcy court about problems. By working with the trustee and complying with his or her request, you can help ensure that your bankruptcy case is successful.

Working effectively with the trustee is essential during your bankruptcy case. We have the knowledge and experience you need to work effectively with the trustee during your bankruptcy case. Please contact us online or by phone at   517-459-9518  if we may be of assistance.