Responsibilities of a chapter 13 trustee

 Posted on April 21, 2023 in Chapter 13 Bankruptcy

A bankruptcy trustee plays a pivotal role in Chapter 13 bankruptcy cases. Appointed by the United States Trustee, the trustee manages the debtor's repayment plan, ensuring that the process follows federal regulations.

There are several responsibilities that the trustee carries throughout the bankruptcy process.

Reviewing and assessing the repayment plan

Upon filing for Chapter 13 bankruptcy, the debtor submits a proposed repayment plan that outlines their ability to repay their debts within three to five years. The trustee reviews the plan meticulously, verifying the accuracy of the financial information provided and assessing the feasibility of the proposed plan.

Holding the 341 meeting

The trustee organizes and conducts the meeting of creditors, also known as the 341 meeting. During this meeting, the trustee asks questions regarding the debtor's financial situation, assets and proposed repayment plan. Creditors may also attend the meeting to ask questions, voice concerns or object to the repayment plan. The trustee ensures that all parties follow proper procedures and remain respectful during the meeting.

Collecting and distributing payments

After the court approves the repayment plan, the debtor starts making payments to the trustee. The trustee collects these payments and distributes them among the creditors according to the terms of the repayment plan. This ensures that creditors receive their share of the debtor's payments in a timely and efficient manner.

Monitoring compliance

Throughout the repayment period, the trustee also closely monitors the debtor's financial situation and compliance with the terms of the repayment plan. If there is any significant change to the debtor's financial situation or if the debtor fails to make the required payments, the trustee may take necessary action, such as modifying the plan or even recommending dismissal of the case.

Ensuring a successful conclusion

After the debtor completes the repayment plan, the trustee verifies the fulfillment of all requirements and submits a final report to the court. If the debtor has fulfilled all obligations, the court grants a discharge, and the trustee closes the case.

A Chapter 13 bankruptcy trustee serves as an impartial administrator throughout the bankruptcy process and ensures the protection of rights for both the debtor and creditors. The role is an important piece of the successful resolution of a Chapter 13 bankruptcy case.