Posts Tagged ‘Chapter 7 trustee’
In a Chapter 7 Bankruptcy the role of the trustee is limited. In most Chapter 7 cases, the debtor does not have assets available but in cases where there are assets, the trustee is responsible for the liquidation of the assets and the payments of such monies to the creditors. The trustee evaluates the bankruptcy, looks at exemptions and schedules. The trustee also participates in the meeting of the creditors (341 hearing) and oversees the process of selling any assets. The trustee also has the power to deny a discharge to the debtor if there is any evidence of fraud, perjury or ineligibility is discovered. The U.S. Trustee appoints the Chapter 7 trustee to a panel for a period of one year (renewable).
In every filed bankruptcy case an impartial trustee is appointed by the United State Trustee, an officer of the Department of Justiace. The primary role of the trustee is to act as a representative of the creditor. The trustee’s involvement changes with different types of bankrutpcy plans. The trustee also has the responsibility to ensure that the debtor’s plan runs as smoothly as possible.
There are different ways in which a trustee carries out his responsibility of protecting the interest of the creditor. For example, a trustee can collect porperty of the estate, object to discharge a debtor may claim, liquidate nonexempt property in the bankrutpcy estate and distribute the funds to appropriate creditors.
Watch for additional posts on the role of a Chapter 13 or Chapter 7 trustee.