When you file for Chapter 7 or Chapter 13 bankruptcy, the United States Trustee will appoint a bankruptcy trustee to administer your case. The bankruptcy trustee's role varies depending on whether yours is a Chapter 7 or Chapter 13 case. But in both types of bankruptcy, the trustee will review your bankruptcy petition, look for fraud or red flags, and try to maximize the amount of money your unsecured creditors will get through your bankruptcy.
The Role of the Bankruptcy Trustee in Chapter 7
The Chapter 7 bankruptcy trustee has many responsibilities in your Chapter 7 case. The Chapter 7 trustee is responsible for reviewing the bankruptcy petition and supporting documents for accuracy and potential fraud, checking your identification, examining you, and selling property for the benefit of your creditors. Find out when you should contact the Chapter 7 trustee and how contacting the trustee can help you resolve issues before they become problematic.
The Role of the Bankruptcy Trustee in Chapter 13
The Chapter 13 bankruptcy trustee will review your documents and repayment plan, oversee the 341 meeting of creditors, and distribute repayment plan funds.
Providing Tax Documents to the Bankruptcy Trustee
Find out what tax documents you must provide to the trustee when you file for Chapter 7 or Chapter 13 bankruptcy.
How Do Bankruptcy Trustees Get Paid?
The bankruptcy laws set out the method and the maximum compensation levels for bankruptcy trustees.
The Bankruptcy Trustee and Preference Claims
The bankruptcy trustee can undo financial transactions with general creditors that occurred within 90 days before your bankruptcy filing, and transactions with insiders up to a year.
When the Bankruptcy Trustee Suspects Fraud
Bankruptcy trustees take fraud very seriously. Often, a bankruptcy trustee with evidence of bankruptcy fraud will hire an attorney and file an action against the debtor or another person involved. The trustee can also require the debtor to provide documents, allow property inspections, and testify in a Rule 2004 Examination. Criminal prosecution is also a possibility. Learn how bankruptcy trustees investigate fraud and what they'll do if they find it.
What the Bankruptcy Trustee Looks for in Your Schedules
The bankruptcy trustee reviews your bankruptcy petition and schedules to find information about you and your finances.
How the Chapter 13 Bankruptcy Trustee Pays Creditors
Find out how to make your Chapter 13 trustee payment and how the money gets to your creditors.
Contacting the Chapter 7 Bankruptcy Trustee
Find out when—and why—it might be a good idea to reach out to the Chapter 7 bankruptcy trustee before your required appearance at the 341 meeting of creditors.
What happens if you transfer property out of your name before bankruptcy?
You must disclose the car transfer on your bankruptcy papers. In many cases, the trustee will be able to get the car back.
What the Bankruptcy Trustee Looks for in Your Schedules
The bankruptcy trustee reviews your bankruptcy petition and schedules to find information about you and your finances.
When the Bankruptcy Trustee Suspects Fraud
Bankruptcy trustees take fraud very seriously. Often, a bankruptcy trustee with evidence of bankruptcy fraud will hire an attorney and file an action against the debtor or another person involved. The trustee can also require the debtor to provide documents, allow property inspections, and testify in a Rule 2004 Examination. Criminal prosecution is also a possibility. Learn how bankruptcy trustees investigate fraud and what they'll do if they find it.
Will the Bankruptcy Trustee Come to My Home to Collect Property?
Although it's unusual, there are circumstances when a bankruptcy trustee might come to your home to take or inspect property.
How Do Bankruptcy Trustees Get Paid?
The bankruptcy laws set out the method and the maximum compensation levels for bankruptcy trustees.
Can the bankruptcy trustee take money I win in a personal injury lawsuit?
Find out what happens to a personal injury settlement after filing for Chapter 7 bankruptcy and why the trustee can take it if you can't protect it with a personal injury settlement exemption.
I got a cash gift before my Chapter 7 case closed. Can the bankruptcy trustee take it?
For the most part, cash gifts you receive after filing for Chapter 7 bankruptcy are yours to keep. Learn the details.
How Does the Bankruptcy Trustee Sell My Home?
The Chapter 7 trustee will want to sell your house if it has more equity than you can protect in bankruptcy. Learn what happens in a bankruptcy property sale, including how long the trustee has to sell a house, the bills the trustee will pay, and how selling a home in bankruptcy delays your bankruptcy case.
Will the Bankruptcy Trustee Come to My Home to Collect Property?
Although it's unusual, there are circumstances when a bankruptcy trustee might come to your home to take or inspect property.
Gathering Your Documents for Bankruptcy
Learn what information and documents you'll need to file for bankruptcy. We provide a bankruptcy checklist of documents needed for the petition and trustee.
Providing Tax Documents to the Bankruptcy Trustee
Find out what tax documents you must provide to the trustee when you file for Chapter 7 or Chapter 13 bankruptcy.