What is a Chapter 13 bankruptcy trustee?
The Chapter 13 Trustee is an important part of every bankruptcy case.
Most people are intimidated by the thought of a trustee overseeing their bankruptcy case. There’s no need to be. Trustees aren’t there to attack you either, nor do they treat you unfairly. They are doing their job according to the guidelines of the court.
And in Chapter 13 bankruptcy, when there is no need to liquidate your assets, the trustee will be far less aggressive than he or she would be in Chapter 7.
Regardless of your feelings about the bankruptcy trustee and the style of trustee working on your case, you can rest easy knowing your attorney is on your side. Your attorney will protect your rights and ensure that the Chapter 13 trustee stays within his or her legal boundaries.
What do you need to know about the role of the Chapter 13 trustee?
1. Trustees are Your First Hurdle
The Chapter 13 trustee reviews your bankruptcy petition and makes a recommendation to the court on whether to approve it. This means they are the first hurdle you’ll face when filing for bankruptcy.
They’ll review your bankruptcy petition to make sure that all of the information is correct and that you meet the eligibility requirements for filing bankruptcy. If you’ve partnered with an attorney to help you complete your bankruptcy paperwork, chances are this initial step will go smoothly.
If everything is in order, the Chapter 13 trustee will recommend that the court approve your petition.
2. Trustees Raise Questions and Objections
The Chapter 13 trustee has the power to object to any aspect of your bankruptcy case, including the discharge of your debts.
Trustees object to the discharge of any of your debts if they believe that you are not eligible for a discharge or that you have not complied with the terms of your repayment plan. This is one of the most intimidating aspects of working with a trustee. They can make or break your case.
3. Trustees Liquidate Assets
The Chapter 13 trustee may sell any non-exempt property you own to repay your creditors. This includes property such as cars, homes, and personal belongings. Rarely is this a concern in Chapter 13 bankruptcy cases. However, if there is a need, the trustee is who handles the process.
4. Trustees Offer Oversight
The Chapter 13 trustee oversees your bankruptcy case, including ensuring that you make your payments under the repayment plan.
Once you’ve established your payment plan, the trustee is responsible for ensuring that you make your payments under the repayment plan. If you fail to make your payments, the trustee has the authority to take legal action against you.
5. Trustees Can Be Your Legal Adversary
The Chapter 13 trustee may also take legal action against you if you fail to comply with the terms of your repayment plan.
The Chapter 13 Trustee may take legal action against you if you fail to comply with the terms of your repayment plan. This could include filing a motion to dismiss your case or seeking to have your bankruptcy petition revoked.
If you’re concerned about a Chapter 13 trustee overseeing your case or you have questions about bankruptcy in general, the best thing you can do is contact an experienced bankruptcy lawyer. This way you’ll have someone on your side who understands your case and will do whatever they can to protect your assets and your rights as a consumer.
For more information or to speak to someone about bankruptcy, contact R. Flay Cabiness, II, P.C. at (912) 417-5041 (Brunswick, GA); (912) 809-2141 (Hazlehurst, GA) or; (912) 324-3176 (Jesup, GA) to schedule a consultation.
