A bankruptcy trustee is assigned to all Chapter 7, 11 and 13 bankruptcy filings. Their job is to protect the assets of the estate against fraudulent claims, exemptions, and actions.
At times, it may seem like your bankruptcy trustee is on your side, especially if your creditors have filed improper claims against you. Then again, it may feel like the trustee is against you if they begin questioning your finances, spending or documentation.
In bankruptcy, the debtor is allowed to keep any property that is exempt from bankruptcy. Property that is not exempt goes into a bankruptcy estate. The trustee is charged with collecting the property from the debtor, converting the property to cash, and accounting for the funds that result from the sales.
In a Chapter 7 case, the trustee conducts the meeting of the creditors, investigates all assets, any claimed exemptions, and the right to a discharge. Then they file a report that indicates whether there were any assets found or not. When the deadline for objections to the discharge has passed and the debtor is granted a discharge, the case is closed.
In Chapter 13 cases the trustee carries out the same duties as in a Chapter 7 case, but with the added duties of overseeing the repayment plan. They also attend all the hearings related to the repayment plan, advise the debtor on matters related to the bankruptcy, and overseeing the total repayment through to discharge.
Over the past 27 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can stop your garnishment and change your monthly payments for all your combined unsecured debt, and if you have had more than $600 garnished within the last 90 days, we can get all of the money back in most cases. But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.
About the Author
Chris served on the Board of Directors for Habitat for Humanity
Seattle/S. King County for 10 years and served as Vice President
of the organization during part of that time. Read More