Who Is A Bankruptcy Trustee?
A San Jose bankruptcy attorney explains the role of a bankruptcy trustee.
When you declare bankruptcy, there will be two court representative who will see your case: the bankruptcy trustee and the judge. The bankruptcy trustee is appointed by the court. They are generally a lawyer who is trained in bankruptcy law. Since the court itself is overloaded with a variety of cases, the trustee acts somewhat like a preliminary judge. They are not a judge, but they are the ones that will review your bankruptcy file and ask questions.
They will determine if all required documents are in order; they review your records for any fraud or misleading statements, and they also distribute payments in cases filed under Chapter 13. You will be under oath as they ask you questions. If you have hired an attorney, he should be there during this interview. Once the trustee is satisfied that all documents are in order, your case will be handed over to the judge.
The bankruptcy trustee does all the up front checking for the judge. This relieves the judge from having to do this tedious task. The judge takes a final look at your file once it reaches their desk, but they this time it's a formality because the trustee has done the overview process. It can take about a month or so for the judge to put their stamp of approval on your file.
We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.
