Who or what is the trustee in bankruptcy?
There are two kinds of trustees in Chapters 7 and 13. The United States Trustee is a player in both sorts of bankruptcies. The U.S. Trustee is federal appointee in the Department of Justice charged with enforcing the bankruptcy laws. Personnel in the U.S. Trustee’s office review filings with the Bankruptcy Court for various violations of the code, conduct investigations in cases where it suspects violations, can bring lawsuits within the bankruptcy case (“Adversary proceedings”) to force dismissal of the case or denial of discharge, and in egregious cases where it suspects criminal laws have been violated, refer the cases for criminal prosecution to the the United States attorney. In typical cases the U.S. Trustee acts behind the scenes, and most debtors will never encounter the U.S. Trustee. Debtors filing under Chapter 7 meet a person known as the Interim Trustee. The Interim Trustee, often but not necessarily an attorney, is a member of a panel appointed by the U.S. Trustee, charged
Related Questions
- Are payments received from Pathfinder subject to recovery in the event the Bankruptcy Court trustee seeks to recover monies previously paid to Gramercy Court lenders?
- How does a person buy back their own assets from the bankruptcy trustee?
- What kind of questions does the bankruptcy trustee ask people?
