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Chapter 13 plans

Standing trustee

A standing trustee is an individual appointed by the U.S. trustee to serve as the trustee in Chapter 13 cases in a region. In some districts a standing trustee serves in all Chapter 13 cases. 1

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What does a standing trustee do?

The U.S. trustee may appoint one or more standing trustees where the number of Chapter 13 cases in a region warrants it, and supervises them. The individuals are private parties, not government employees, and they do not have to be lawyers. 1 2

For a person in a Chapter 13 case, the standing trustee is the trustee. Plan payments go to the trustee, who pays creditors and also reviews the case. 3 4

The trustee must appear and be heard at any hearing on the value of property subject to a lien, on confirmation of the plan, and on changes to the plan after confirmation. The trustee also makes sure the debtor starts making timely plan payments, and advises the debtor on performing the plan, but not on legal matters. 5

The trustee is paid through a percentage fee collected from plan payments. The Attorney General sets it, and for a debtor who is not a family farmer it cannot exceed ten percent. 1

Common questions

Is the standing trustee the same as the U.S. trustee?

No. The U.S. trustee is a Justice Department officer who supervises the administration of bankruptcy cases and trustees. A standing trustee is an individual the U.S. trustee appoints and supervises. 4 1

How do I find my Chapter 13 standing trustee?

The U.S. Trustee Program publishes a list of Chapter 13 standing trustees by state and district, with contact details. In Alabama and North Carolina, a bankruptcy administrator from the federal judiciary does the U.S. trustee's job instead. 2 4

Can the trustee give me legal advice?

No. The trustee's duty to advise the debtor does not extend to legal matters. 5

Related reading

Chapter 13 bankruptcyGetting a Chapter 13 plan confirmedAll bankruptcy terms

Sources

  1. 28 U.S. Code § 586(b) (Cornell LII)
  2. U.S. Trustee Program: List of Chapter 13 Standing Trustees (justice.gov)
  3. Chapter 13 - Bankruptcy Basics
  4. Glossary of Legal Terms (uscourts.gov)
  5. 11 U.S. Code § 1302(b) (Cornell LII)

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