San Diego Bankruptcy Attorney – One of the most important players in either a Chapter 7 or Chapter 13 is the trustee. Now, this person is totally different than the lawyer representing you. Your attorney works for you. The trustee administers the bankruptcy estate.
The trustee is officially part of the of the US Trustee Program which is administered by the US Department of Justice. Part of his or her duties will be to investigate bankruptcy fraud and abuse then referring the appropriate matters for criminal investigation and prosecution. Also, the trustee ensures that all professional fees (basically your legal fees) are reasonable and just. Finally, the fiduciary is responsible for liquidation in a Chapter 7 and reorganization in a Chapter 13.
In a Chapter 7 the their role is a little more limited. The Chapter 7 trustee presides over what is called a “341a Hearing” or the meeting of creditors. They will make the determination of there is are non-exempt assets that can be distributed from the bankruptcy estate to the creditors.
In a Chapter 13 the trustee’s role is move involved and the debtor and his or her attorney must submit a plan to the court. In the plan, you will let the fiduciary know what your monthly payment will be. You are involved with the Chapter 13 trustee throughout the life of the plan because you make all payments to them, the he or she distributes the money to creditors and the trustee eventually gives the discharge order to the court.
We at the Law Office of Harold D. Thompson are San Diego Bankruptcy Lawyers dedicated to helping you get out of financial distress. If your debts are piling up and you are looking for a “fresh start” call a La Jolla Bankruptcy Lawyer that will fight for your rights. Call us TODAY at 619.615.0767 or visit one of our two websites at www.ThompsonLawSD.com or www.MySanDiegoBankruptcy.com
Related posts: