Bankruptcy Trustees – Working With Your Bankruptcy Trustee (Part 6)

23 Feb Bankruptcy Trustees – Working With Your Bankruptcy Trustee (Part 6)

Bankruptcy trustees are essentially in charge of administering your Chapter 7 or Chapter 13 case. In order to do so, they require full and complete information. You have to list people to whom you are paying alimony or child support in your bankruptcy papers. Your ex-spouse to whom you are paying domestic support obligations are special creditors. They are priority creditors.

Every creditor must be listed in your bankruptcy schedules, even if you are up to date with all payments. If you owe money for past due child support it’s important for you to also list the state office to which such payments are made if you don’t pay directly.

A failure to properly list all child support and other creditors will only serve to aggravate your bankruptcy trustee and delay your discharge.

When your bankruptcy case is file, the court clerk will automatically give notice to your creditors. Your bankruptcy trustee has to give additional notice to all child support-related creditors when the case is filed. And another notice when you get your discharge. The trustee can’t give the notice if you don’t say who gets it.

What happens if the trustee can’t send all the required notices? He or she will need to extend the time within which to object to discharge. This delays your case and keeps a file open in the trustee’s office. You don’t want that to happen.

There are a thousand little things you have to do right for your bankruptcy case to go smoothly. You really want your bankruptcy trustee not to even notice the slightest thing unusual about your case. That way, it slides through the system smoothly like a knife through butter.

Remember the old Japanese proverb: “The nail that sticks up gets hammered down.” You don’t want to be the bankruptcy debtor who the trustee is hammering down.

Work with your bankruptcy attorney. Give them all the information and details they ask for. Your case will go smoothly and you’ll be in and out of bankruptcy before you know it.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.
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