What Happens To The Money Paid To A Chapter 7 Bankruptcy Estate?
By Douglas Jacobs, California Bankruptcy Attorney on May 19, 2007 in General Bankruptcy Information
In many bankruptcies, there are some nonexempt assets that the trustee gets to sell, or some cash that the trustee gets to use to pay to unsecured creditors. What happens to the money?
The trustee has to pay debts in a specific order. The new law, BAPCPA that went into effect in October of 2005 changed the order of payments slightly but the basic principles are the same.
If you owe any domestic support obligations (alimony, child support, that sort of thing) to your spouse, former spouse or child the trustee will pay that first. Next she’ll pay any domestic support obligation owed to a governmental unit. Third, she will pay any administrative expenses. These can include fees for professionals she has hired such as attorneys, realtors, etc.
Next, the trustee will pay priority debts. These can be taxes, employees, or that sort of thing. Only after that does the trustee get around to paying your other debts. Those, too, are paid in a specific order so that the money is reasonably divided among your credit cards, bills, etc.
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