YOU AND THE TRUSTEE’S OFFICE 

The Bankruptcy Code outlines the duties of the Trustee. The Trustee’s office will conduct your 341 hearing, collect your monthly payments, disburse those payments to creditors and be heard at various hearings during your case.  In addition, there are three other functions you need to be aware of:

First, The Trustee is required to review your case and advise the Court if he believes you have complied with your duties to provide documents, make your payments timely and that your bankruptcy plan meets the requirements of the Bankruptcy Code to be confirmed. 

In some cases, the Trustee will require you to obtain additional information or turn over additional documents.

In some cases, the Trustee might request your attorney to amend your plan or schedules.

In every case, remember that the judge and Court have the final say in your bankruptcy.  If you or your attorney believes that the Trustee is incorrect, then that matter should be brought to the Court for a decision.

Second, the Trustee has the duty to continue to monitor your case throughout the bankruptcy.  That means if you fail to make your payments, turnover tax returns or tax refunds (if required by your plan), or fail to comply with the applicable Bankruptcy laws, he has the duty to bring that matter to the Court’s attention.

Third, the Trustee has the duty to advise the debtor, other than on legal matters, and assist the debtor in performance under the plan. 

In other words, the Trustee’s office can give practical advice on the administration of your plan but cannot give legal advice. Your attorney is your counselor on the legal matters in your case. 

Realize that the Trustee has a duty to the Court and creditors and may have legal interests adverse to your own.  

Your first call should ALWAYS be to your attorney.