The United States Trustee Program is a component of the Department of Justice. The Trustee Program appoints and supervises local private trustees who administer Chapter 7 and 13 bankruptcy estates. One of the private trustee’s chief duties in Chapter 7 cases is to liquidate the debtor’s nonexempt assets and pay creditors with the proceeds. Similarly, in a Chapter 13 case the trustee must ensure that the debtor devotes all disposable income to debt repayment.
The trustee is not your friend, the judge, or your legal counsel. The trustee has no judicial power to make final decisions or issue orders regarding your bankruptcy case. While the private trustee is very skilled at bankruptcy law, the trustee is forbidden from giving the debtor legal advice.
On occasion a debtor will contact the trustee’s office with questions concerning the bankruptcy case. This is always a bad idea and often results in a negative outcome. Direct debtor contact is uncommon, so the trustee will identify and remember a debtor that personally contacts his or her office. The case may have been a “routine” bankruptcy case for the trustee, but after the debtor contact the case is squarely on the trustee’s radar. The trustee will assume there is a problem with the bankruptcy and scrutinize the case.
During a lawsuit direct communication with represented litigants is generally prohibited. Many trustees are also licensed attorneys, but may communicate directly with you while performing the duties of bankruptcy trustee. If you call the trustee, he or she will likely speak with you. And why not? You may inadvertently disclose something that is better left unsaid. What seems like an innocent and expedient communication may turn into an issue that you are unable to predict.
The bankruptcy trustee is not your friend. If you have questions concerning your bankruptcy, discuss your issues with your attorney. Your attorney can answer questions about your case, and is experienced in dealing with the bankruptcy trustee. Let your attorney represent you and do not complicate your case by communicating directly with the bankruptcy trustee.
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Many people wonder what they can expect in bankruptcy court. The first thing that occurs is the meeting with a bankruptcy trustee. The meeting could take place in the trustee's office or a room in the courthouse. After this first meeting, you will receive a notice about the first meeting with the creditors. This part requires that you answer questions under oath. Creditors will ask you any questions that they need answered truthfully. The meeting does not take very long. Sometime it is less than twenty minutes.
When you arrive at bankruptcy court, you need to have the proper documents along. You will need your social security number and a state issued photo identification card. You will need the deed to your home if you own a home as well as any papers showing the total due on car loans. If you file chapter 13, you need current tax returns and paycheck stubs to prove your income.
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I read your article it was great post,very useful and informative. personal bankruptcy is becoming an increasingly popular way to end the battle with debt. However,before you begin the process you need to have a full understanding of the ins and outs of bankruptcy.
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