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Bankruptcy Trustee
In any Chapter 7 or Chapter 13 bankruptcy, a trustee is appointed. The trustee is there to represent the bankruptcy estate. The law gives him or her powers to review your filing and make any appropriate objections. The trustee is not there to be against you, but he or she does have an important role. However, a dedicated and knowledgeable attorney on your side could make a significant difference.
Trustee in Cincinnati Bankruptcy
While the trustee is not your opponent, he or she makes critical decisions, and you must deal carefully with him or her. Your Cincinnati bankruptcy lawyer can represent you to the trustee and keep your best interests in mind. Attorney Eric Steiden has two decades of experience working with all parties in bankruptcy, including the trustee.
The diligent attorneys at Steiden Law Offices can assist you with your filing. Call today at to set up a free consultation. Steiden Law Offices represents clients throughout Southern Ohio and Northern Kentucky, with offices in Cincinnati, Florence and Covington.
Info on Bankruptcy Trustees
- Appointment of the Trustee in Ohio and Kentucky Bankruptcies
- Chapter 7 Bankruptcy Trustee Duties
- Duties of a Chapter 13 Trustee
- Finding the Best Covington Attorney to Represent You to the Bankruptcy Trustee
Appointment of the Trustee in Ohio and Kentucky Bankruptcies
In a Chapter 7 or Chapter 13 bankruptcy, which are typical consumer bankruptcies, the trustee is not a government employee. He or she is a private individual, appointed by the U.S. Department of Justice’s Office of the U.S. Trustee. They will usually be an attorney or accountant, but there is no requirement for this.
Ethics for trustees are very strict. The trustee is to screen all cases that come before him or her to avoid any conflicts of interest, for instance, if the trustee has a financial interest in the debtor’s estate. They are also not permitted to have “ex parte,” or one-on-one meetings with the judge hearing the case.
A panel of Chapter 7 trustees rotates handling cases, so the trustee handling your case will be random. There are four standing trustees who handle Chapter 13 cases in the Southern District of Ohio, and one standing Chapter 13 trustee for the Eastern District of Kentucky.
Chapter 7 Bankruptcy Trustee Duties
The role of the Chapter 7 bankruptcy is to review all the debtor’s assets, liquidate the assets not exempt and distribute the proceeds to creditors. This starts with the meeting of creditors, where the debtor is placed under oath and both creditors and the trustee may ask him or her questions. The debtor may have his or her attorney present.
The trustee will review the initial schedules and statements filed with the petition. If all of the debtor's assets are exempt or subject to a lien, the trustee will file a "no asset" report. Since there is no distribution to be made, the bankruptcy then goes on to discharge.
When there are assets eligible for liquidation, it is the trustee's job to sell them. His or her duty is to sell them to ensure the creditor gets the most repayment possible. The trustee then sends the funds to creditors in the appropriate order. Domestic support obligations, including child support and alimony, are paid first.
Duties of a Chapter 13 Trustee
The trustee reviews the filings in a Chapter 13 bankruptcy for whether all sources of income and debt have been disclosed. If all necessary disclosures have been made, the trustee will administer the meeting of creditors.
When the debtor submits a payment plan to the court, the trustee reviews the plan. If he or she feels the plan does not meet goals or will not work, the trustee may object to the judge, who will consider the objection.
Once the payment plan commences, it is the trustee who accepts the payments and distributes them to creditors.
Finding the Best Covington Attorney to Represent You to the Bankruptcy Trustee
If you are filing for bankruptcy in Cincinnati or Northern Kentucky, you may be concerned about how to deal with the bankruptcy trustee. Your attorney can represent you to the trustee on all matters. At Steiden Law Offices, we are experienced helping people looking for a fresh start. Call us today at to set up a consultation.
