Does Every Bankruptcy Case Have a Trustee?
A trustee is automatically appointed in every Chapter 7 and Chapter 13 bankruptcy case. A trustee is not automatically appointed in a Chapter 11 bankruptcy case. Instead, the debtor acts as the “Debtor-in-Possession” and has many of the duties and rights that a trustee has. Creditors that need information about a Debtor-in-Possession should contact either the responsible officer of the debtor or the attorneys for the debtor. A trustee may be appointed if a debtor requests that one be appointed or another party files a motion and the court determines that a trustee should be in charge of managing the debtor’s affairs.
