Wednesday, March 30, 2016

What does a Chapter 13 trustee do?

Chapter 13 Bankruptcy Trustees would typically do the following.

  1. Review your bankruptcy documents and repayment plan - Similar to a chapter 7 Trustee, A chapter 13 trustee would verify all your information and calculations on your financial documents. He/she will also look at your repayment plan to evaluate if it is fair to your creditors.
  2. Organize a meeting with creditors - After a month of reviewing your documents, the trustee would call a meeting with you and your creditors. In this meeting, you would answer questions about the documents you have provided under oath to further validate your documents.
  3. Collecting and distributing your monthly payments- The trustee is charged with collecting your pledged monthly payments on your repayment plan, 30 days after you file. The trustee will collect these payments until your bankruptcy plan is approved by the court, this is called the temporary state.( The approval of a bankruptcy plan can take anywhere from 3 - 5 years). After your plan has been approved. The trustee will redistribute the money to your creditors.
  4. Assessing Creditor Claims - 90 days after the meeting with the creditors, Creditors are required to file a proof of claim, stating the relevant details of what the bankruptcy filer owes the creditor. The trustee is responsible for evaluating the proof of claim document and has the power to reject any claim that has been wrongly or improperly filed.