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The bankruptcy process

United States trustee

An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates and trustees. The U.S. trustee is different from the trustee assigned to an individual case. 1 2

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What does the United States trustee do?

U.S. trustees belong to the United States Trustee Program, a component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system. The program appoints and supervises the private trustees who handle the day-to-day administration of Chapter 7 and Chapter 13 cases. In a Chapter 7 case, the U.S. trustee appoints the case trustee. 3 2

Congress set up the program in 1978 as a pilot in 18 federal judicial districts and made it permanent in 1986. 3

It also approves and monitors credit counseling agencies and personal financial management providers, and it publishes the list of approved agencies by state and judicial district. 3 4

The U.S. trustee may raise, and appear and be heard on, any issue in any bankruptcy case. That includes asking the court to dismiss a Chapter 7 case as an abuse. 5 6

Alabama and North Carolina are the exception. In the judicial districts there, a bankruptcy administrator, who is an officer of the federal judiciary, has these responsibilities. 1

Common questions

Is the U.S. trustee the person who runs my meeting of creditors?

In Chapter 7 the meeting of creditors is held by the case trustee, an impartial trustee whom the U.S. trustee appoints. 2 7

Does the U.S. trustee recommend credit counseling agencies?

No. The program approves agencies, but it does not recommend any particular agency or guarantee the quality of its counseling. 8

How many U.S. trustee offices are there?

The U.S. Trustee Program has 21 regions with 82 field offices nationwide, plus an Executive Office in Washington, D.C. 3

Sources

  1. Glossary of Legal Terms (uscourts.gov)
  2. Chapter 7 - Bankruptcy Basics
  3. U.S. Trustee Program: About the United States Trustee Program (justice.gov)
  4. U.S. Trustee Program: List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. 111
  5. 11 U.S. Code § 307 (Cornell LII)
  6. 11 U.S. Code § 707(b)(1) (Cornell LII)
  7. U.S. Trustee Program: Section 341 Meeting of Creditors
  8. U.S. Trustee Program: FAQs: Credit Counseling

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