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The bankruptcy process

Trustee

A person appointed to represent the bankruptcy estate, whose duties may include selling estate property and paying creditors. 1

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How it works

In a Chapter 7 case, an impartial case trustee is appointed to run the case and liquidate nonexempt assets. The U.S. trustee makes the appointment, except in Alabama and North Carolina, where the bankruptcy court does. 2

In a Chapter 7 case that has assets, the trustee's main job is to sell nonexempt assets so that unsecured creditors get the largest possible return. 2

In Chapter 13, plan payments go to a trustee, who pays creditors and also reviews the case. 3

In every Subchapter V case, the U.S. Trustee Program appoints a trustee. Most other Chapter 11 cases do not get one. 4

Common questions

Who runs the meeting of creditors?

A trustee runs it. It is not a court hearing and no judge is present. 5

Sources

  1. Glossary
  2. Chapter 7 - Bankruptcy Basics
  3. Chapter 13 - Bankruptcy Basics
  4. U.S. Trustee Program: Subchapter V
  5. U.S. Trustee Program: Section 341 Meeting of Creditors

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