Posted On: December 7, 2010 by Scott Sagaria

Is the United States Trustee an Attorney?

A California bankruptcy attorney answers a visitor's submitted comment: Is the United States Trustee an attorney?

The United States Trustee is the one who is in charge of all matters and cases dealing with bankruptcy. Because of the responsibilities given to the United States Trustee, it is easily confused with an attorney. The truth is the United States trustee works under the supervision of the attorney.

They are in charge of making sure all the laws dealing with bankruptcy are being handled in the manner that they should be. Should they find that laws were violated, the U.S trustee does not have the power to prosecute someone. This is why the U.S. trustee is not an attorney, they do not hold the power to prosecute. Instead they turn the case over to the attorney general, who will be in charge of prosecution.

The main duty of the trustee program is to administer each bankruptcy case, to ensure all laws dealing with bankruptcy are followed. There are many trustees appointed for each region. Usually the person in charge of appointing and removing trustees from their position is the attorney general. So no, the U.S. trustee is not an attorney, it is just a branch of the justice system, that works under the supervision of the attorney general.

We can answer all your questions regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. If you need help regarding a bankruptcy in California, call us at 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

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