Tennessee Bankruptcy Lawyer - Bankruptcy Attorney

Who is a bankruptcy trustee? Who is the United States Trustee? What is the difference?

A bankruptcy trustee is appointed in all chapter 7, 12, and 13 cases and in some chapter 11 cases. The trustee administers the bankruptcy estate and ensures that creditors get as much money as possible. The trustee also presides at the first meeting of creditors (also called the "section 341 meeting" because 11 U.S.C. ' 341 of the Bankruptcy Code requires that the meeting be held). In a chapter 7 case, the trustee collects and sells non-exempt estate property. In a chapter 13 case, the trustee collects money from the debtor and distributes it to creditors according to the debtor's repayment plan. The trustee can require that you provide information and documents, either before, after, or at the section 341 meeting. You should always cooperate with the trustee, because failure to cooperate with the trustee could be grounds to have your discharge denied.

Trustees are not necessarily lawyers, and they are not paid by the court. They are appointed by the United States Trustee. The trustees report to the court, but their fees are paid from the bankruptcy filing fees or, if the estate has assets, from the assets of the estate.

The United States Trustee's Office is part of the United States Department of Justice. It is completely separate from the Bankruptcy Court. The United States Trustee's Office is a watchdog agency, charged with monitoring all bankruptcies, appointing and supervising all trustees, and identifying fraud in bankruptcy cases. The United States Trustee's Office cannot give you legal advice, but it can give you information about the status of a case. You may also contact the United States Trustee's Office if you are having a problem with an individual trustee, or if you have evidence of any fraudulent activity.

In monitoring cases, the United States Trustee reviews all bankruptcy petitions and pleadings filed in cases. He or she participates in many proceedings affecting the case, but the United States Trustee does not administer the case itself. The United States Trustee may file motions in your bankruptcy case, such as, for example, a motion to dismiss the case or to deny the debtor's discharge.

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