What to Expect from Your Chapter 13 Trustee

19 Oct What to Expect from Your Chapter 13 Trustee

The main functions your chapter 13 Trustee performs are:
1. Scheduling creditors meetings and Court hearings.
2. Reviewing documents filed in your case for completeness and accuracy.
3. Conducting a creditors meeting examining your (the debtor’s) financial condition.
4. Reviewing the debtor’s plan and making a recommendation to the Court concerning confirmation of the plan.
5. Reviewing claims and objecting to improper claims, when appropriate making distributions to creditors.
6. Seeking dismissal of cases when plan payments are not being made, when paperwork is inadequate, or when debtors fail to attend hearings or meetings.
7. Giving information about cases.
8. Giving notice of creditors meetings.
9. Giving notice of certain hearings.
10. Giving notice of the completion, dismissal, or conversion of a case.
11. Provide credit counseling.

The Trustee in your case is an experienced attorney; however, the TRUSTEE IS NOT YOUR ATTORNEY. No legal advice may be given to you by the Trustee or his staff. The Trustee is not required to give legal advice to your creditors either. The Trustee’s office will give you advice on how to comply with your plan, but in most cases cannot “take sides” in a dispute between you and a creditor. The Trustee will advise you whether your proposed plan of dealing with creditors will meet with his or her approval and obtain his or her recommendation for approval by the Court.

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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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