November 9, 2010

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.

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Bankruptcy Trustee

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May 12, 2010

5 Things Not To Do With Your US Bankruptcy Trustee

A San Jose bankruptcy attorney lists 5 Things Not To Do With Your US Bankruptcy Trustee:

For every bankruptcy petition filed, Chapter 7, Chapter 11, or Chapter 13, an individual known as a US BankruptcyTrustee is assigned to oversee the life span of the case. A US Bankruptcy Trustee is not necessarily employed by the Court, they may be a mediator or attorney. With that being said, the US Bankruptcy Trustee must follow a very strict code of ethics. The following is a list of 5 things not to do with your us bankruptcy trustee:

Do not attempt to hide or cloak your assets, they will ultimately uncover the truth. Be honest, be candid. Hiding assets is known as bankruptcy fraud and is punishable but a fine and/or imprisonment.

Do not deter from the us bankrutpcy trustee's requests. A U.S. Bankruptcy Trustee is not asking for your tax returns and pay advices because they need pleasure reading, they are requesting these documents in order to verify the information you set forth in your petition.

Do not put off execution of the us bankruptcy trustee's requests. Be timely. There is not much more that will frustrate a U.S. Bankruptcy more than a debtor who is untimely with no legitimate excuse. Being untimely may result in the U.S. Bankruptcy Trustee filing a motion to dismiss the debtor’s case for lack of compliance.

Do not think that the us bankruptcy is your friend. Sound harsh? Perhaps, but your complete understanding that the us bankruptcy trustee's job is to uncover bankruptcy fraud and detect instances where a debtor may be hiding certain assets is key.

Lastly, do not disrespect your US Bankruptcy Trustee. Never question or doubt what they are telling you or requesting from you. Every move that the US Bankruptcy Trustee makes is a calculated one to attempt to trick or confuse a debtor into making a claim that goes against something the debtor stated in their bankruptcy petition.

Following this 'What Not To Do' should make the bankruptcy process smooth and easy for the creditors, the debtor, and the US Bankruptcy Trustee.

If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!

Posted by Scott Sagaria | | Email This Post | Comments (0)

Posted In: Bankruptcy Trustee

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If the courts do not accept your bankruptcy filing because of an error on our part, we will refund 100% of your money, including the filing fee!

At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

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