A Flossmoor bankruptcy attorney depicts the duties and powers of the United States trustee and the bankruptcy trustee. The United States trustee and the bankruptcy trustee are the people and entities that are in charge of managing your bankruptcy case. I’d like to compare them to the gatekeeper for the prerequisites of satisfying the qualifications to have a successful bankruptcy petition.
The US trustee and the bankruptcy trustees are the people who look into your case and the question all of the factual components of the bankruptcy case. For instance, your income and your expenses, your assets and liabilities, the creditors that you have that you have listed in your Illinois bankruptcy case. These are all things that the trustee will look into and make sure that a person is not lying about their income, they are not lying about their expenses, or to make sure that they are not lying about any assets that may be disclosed or not. So the trustee has the power to question the debtor’s factual information and they also have the power to dismiss your case.
If for some reason you don’t comply with the provisions of the bankruptcy code, then a trustee can bring a Motion to Dismiss your case and they routinely win those motions if you do not comply with the bankruptcy code or the bankruptcy process. Some instances where a trustee may dismiss your case is if you do not complete your second class, post-petition bankruptcy class which is called the Personal Financial Management Instructions Course or you can also take the course with the trustee, the US trustee in a Chapter 13. This course is a good course to take. It teaches you the different ways of managing your finance and this must be done in order for you to complete your bankruptcy. Often times people do not complete the second class within the allotted time that they are supposed to take it, so the trustee will dismiss the case, you will lose the protection of the automatic stay, your creditors will continue to harass you and sue you, garnish you; any of these things that the creditor might try to do in order to collect the debt from the debtor.
So the trustee is really a person that you will be involved with when you file Chapter 7 bankruptcy. There is no way around it. And generally speaking, the trustees are very, very good. They are very fair and they are people that are trying to help out debtors as well. So the trustee is a very powerful person in the sense that they are the manager of your bankruptcy case and they are the ones who propose certain things for your case in front of the judge. They are the ones who give the recommendation for a Chapter 13 to be confirmed and be successful. They are the ones who make sure that the Chapter 13 case is feasible and that it will have the probability of success and they are the gatekeepers in that sense of letting you inside the wonderful world of bankruptcy petitions.
So the trustee is a good person to know. They are very helpful and they are doing their best to make sure that everything is fair for both creditors and debtors. So they have the duty to make sure that your bankruptcy petition is truthful and they have the power to dismiss your case or amend your case or ask for more information about your finances or your assets and liabilities. So they are a very powerful person in the bankruptcy world; however, they are good at what they do and they are fair in what they do.For more information about the different types of bankruptcy, contact an attorney in your local area.