San Jose Bankruptcy Lawyer Blog

A San Jose bankruptcy attorney considers the question of what Bankruptcy Trustee does...

Question: What do you do in a bankruptcy trustee job?

Answer:
The bankruptcy trustee’s job is to oversee each debtor’s bankruptcy estate. A bankruptcy estate includes all of the debtor’s assets and liabilities. If there are any assets that can’t be exempted the bankruptcy trustee’s job is to liquidate those assets to pay off creditors.

The bankruptcy trustee’s job also involves making sure debtors are not attempting to hide or conceal assets. Thus, at the 341 hearing the bankruptcy trustee’s job is to ask whether or not a debtor has listed all of their assets in the petition.
An experienced bankruptcy attorney can further explain the bankruptcy trustee’s job to anyone considering filing for bankruptcy.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to working with you, San Jose and the South Bay!

A San Jose bankruptcy attorney tells you what to do if a bankruptcy trustee contacts you...

Question: What to do if a bankruptcy trustee contacts you?

Answer: If you are represented by an attorney you should contact your attorney immediately. If a bankruptcy trustee contacts you they may have violated certain codes of professional responsibility.

Still, if a debtor doesn’t mind that a bankruptcy trustee contacts them they should simply inform their attorney that contact has been made to ensure the attorney is fully aware of the situation.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to working with you, San Jose and the South Bay!

A San Jose bankruptcy lawyer answers: Who is the US Trustee For San Jose, CA?

The US Trustee is a member of the United States Department of Justice who is responsible for overseeing the administration of bankruptcy cases. As of today, the Assistant US Trustee for San Jose, CA is Edwina Dowell. There are also three trial attorneys assisting the Assistant US Trustee, two bankruptcy analysts, two paralegal specialists, and two legal clerks. The US Trustee is located at 280 South First Street, San Jose, CA 95113. The US Trustee for San Jose, CA is a member of Region 17 of the Office of the United States Trustee. The website for the US Trustee for San Jose, CA is http://www.justice.gov/ust/.

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!

A San Jose bankruptcy lawyer explains "What is a U.S. Trustee?"

The U.S. Trustee is a branch of the Department of Justice that oversees all bankruptcy cases and private practice trustees. In the United States, there are 21 separate regions separated by geographical boundaries. The U.S. Trustee is granted a five year term and works directly under the Attorney General.

The U.S. Trustee was created to promote efficiency in the bankruptcy process and maintain the integrity of the Federal bankruptcy system. The U.S. Trustee also helps uncover issues of fraud and abuse within the Federal bankruptcy system. In doing so, the U.S. Trustee works with the FBI and the U.S. Attorneys, along with other law enforcement agencies. The U.S. Trustee is responsible for the monitoring of the bankruptcy parties, the private estate trustees, administrative functions, and compliance with all applicable laws and procedures.

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!

A San Jose bankruptcy lawyer explains the purpose of the US Trustee...

In accordance with the US Bankruptcy Code, the US Trustee is the individual appointed by the United States Trustee, an officer of the Department of Justice, that represents the debtor (the individual filing for bankruptcy) with regard to their estate within a bankruptcy proceeding.

The US Trustee works within the guidelines of the BK Code and makes recommendations after evaluating the debtor’s circumstances, demands, and assets. For example, the US Trustee would facilitate the sale of debtor assets in order to pay off creditors.

The US Trustee responsibilities will vary between a Chapter 7 bankruptcy proceeding (which involves liquidation) and a Chapter 11 bankruptcy proceeding (which involves a restructuring of the debt), and a Chapter 13 bankruptcy filing (where the debtor keeps some of their assets and repays certain debts).

It is important to give full disclosure to the US Trustee, as they are ultimately there to assist you, as well as follow the strict guidelines with regard their purpose in their key bankruptcy role.

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!

A San Jose bankruptcy lawyer discusses the role of Chapter 7 Trustee...

As soon as a Chapter 7 bankruptcy petition is filed, the court assigns a trustee. A chapter 7 trustee is assigned to each and every chapter 7 bankruptcy. The primary role of the chapter 7 trustee is to liquidate all nonexempt assets that the filer possesses. The chapter 7 trustee does this by selling the debtor’s property so long as it is free and clear of liens and remains non-exempt. The chapter 7 trustee may also sell property if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property.

The chapter 7 trustee also possesses what are known as “avoiding powers.” These powers include the ability to set aside any transfer of property which he or she feels was preferential within 90 days prior to the filing of the chapter 7 bankruptcy petition. The chapter 7 trustee may also pursue nonbankruptcy claims such as fraudulent conveyance and bulk transfer remedies available under state law. If the debtor is a business, the chapter 7 trustee may operate the business for a short period of time if the court deems that the trustee’s operation of the business would benefit the creditors.

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!