Is the United States Trustee an Attorney?
A San Jose bankruptcy attorney answers:
Is the United States Trustee an Attorney?
The United States Trustee is the person appointed to oversee your bankruptcy case. The United States Trustee is not necessarily an attorney, however, they do make a lot of important decisions regarding your bankruptcy case.
The Trustee’s job is to primarily ensure that all of the debtors assets, income and expenses have been properly disclosed, that and that the debtor’s bankruptcy is in compliance with the bankruptcy code. The trustee will make sure that there is no presumption of abuse involved in your bankruptcy. For instance, if you have filed for a Chapter 7 bankruptcy, and if the trustee subsequently administers the means test and determines that you have enough income left over every month to pay your creditors with, then the Trustee will move to have you convert to a Chapter 13 (repayment plan) bankruptcy.
The Trustee (or someone from the trustee’s office) is the person who will interview the debtor at the 341a hearing. The trustee is also the person that you will make your plan payments to if you are filing a Chapter 13 bankruptcy.
It is always a good idea to have an attorney file your bankruptcy for you, because your attorney will most likely be familiar with the trustee’s particular requirements and procedures.
If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs. Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.
