A Trustee's Role
A Chapter 13 Trustee is appointed by the United States Department of Justice - United States Trustee Program pursuant to 28 USC Section 586. The Trustee's role is to administer bankruptcy cases. Administration of said cases includes, but is not limited to:
- Conducting a 341 meeting of creditors
- Evaluating a Chapter 13 plan for compliance with Title 11
- Evaluating claims of creditors for correctness as to legal form, (not substance)
- Collect monthly payments from petitioners in Chapter 13 plans
- Disburse funds to creditors pursuant to the Chapter 13 plan and orders of the United States Bankruptcy Court
- Provide educational information to debtors and creditors (not legal advice)
- Provide semi-annual accounting to petitioners in a Chapter 13 plan
- Provide final accounting and appropriate orders to complete the administration of a Chapter 13 case
The Trustee does not represent either debtors or creditors; and therefore, cannot give individual legal advice to either party in a Chapter 13 bankruptcy.