California Bankruptcy Lawyer Blog

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.

A California bankruptcy attorney explains on when you should contact a U.S. Trustee when filing bankruptcy.

A bankruptcy trustee is a professional who serves as an intermediary between creditors and debtors in a bankruptcy lawsuit. The meetings are usually mandated by the bankruptcy judge. While the meetings are time consuming, the goal is to help debtors and creditors come to an agreement during bankruptcy proceedings.

When Do I Meet With a US Trustee for Bankruptcy?
Most people meet with the trustee after they file the initial paperwork for Chapter 7, Chapter 11, or Chapter 13. Other types of bankruptcy are reserved for different types of organizations. The trustee will be the person who meets with the judge to discuss the debtor’s situation. The trustee will ask the debtor questions to determine his case.

What Do I Contact One?
Generally, a person only contacts the trustee when he first files for bankruptcy and before his case goes to trial. The US trustee will let a person filing for bankruptcy know what he needs to do and if he fails to turn over documents to a trustee, he may have to go before a judge. Most people will never see a judge in their case. A judge will only order a debtor to come before him if he suspects that the debtor might be guilty of fraud.

Please do not hesitate to contact us at one of our California offices by calling 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you 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. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

A San Jose bankruptcy attorney blogs about United States Trustees.

A U.S. Trustee is appointed by the U.S. Justice Department and are responsible for supervising bankruptcy cases. Their duties include taking actions to gather funds by liquidating qualified assets of the debtor and dispersing them to a range of creditors. Also, when two parties have a conflict within the bankruptcy process, a U.S. Trustee will usually step in and delegate or negotiate between the parties. To become a U.S. Trustee, applicants must submit an application through the Justice Department. U.S. Trustees are usually required to have at least 5 years experience in tax law, accounting, or some type of credit counseling. They cannot have filed bankruptcy for themselves within the last 7 years. They must also comply with and participate within a complete background check and become bonded. After sitting through an interview and receiving appointment to sit on a bankruptcy panel for one year, U.S. Trustees then have the opportunity to serve as an interim trustee. During most cases, the interim trustee stays on the case and eventually becomes the permanent trustee. Upon completion of all trustee duties, a U.S. Trustee is allowed to collect their fees. They can only collect 25% of the first $5000 dollars collected in funds, and 10% for the next $45,000 dollars collected, and so on.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting California. If you need help regarding bankruptcy in California, contact us at 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer 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, bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, California!

A San Jose bankruptcy attorney answers: Where is the Bankruptcy Trustee office?

Where is the bankruptcy trustee office?
That depends on both which district you live in and which office you are closer to. In the Northern District of California there are bankruptcy court locations in Santa Rosa, Oakland, San Francisco, San Jose, and Salinas. The bankruptcy trustee offices are also in those locations.

If I live in San Jose but work in San Francisco can I do my bankruptcy in San Francisco?

No. While it might be more convenient to go to San Francisco because of work, you must show up at the location where your residence is. So if you live in San Jose, you will be appearing in San Jose for the meeting of the creditors. If you did live in San Francisco you would appear at the San Francisco location.

Where is the meeting of creditors held?

That also depends on your location. Generally the meetings of creditors are held in the same locations as the bankruptcy court, although not necessarily in the courtroom. For example, in San Francisco the meeting of creditors is held in the same building as the bankruptcy court but not on the same floor whereas in Salinas the meeting of creditors is held in the bankruptcy court on days when the court is not in session.

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.

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.

A San Jose bankruptcy attorney addresses the topic of the purpose of the US Trustee...

The purpose of the US Trustee is key. The US Trustee is in place to review bankruptcy petitions thoroughly and site any problems, errors, issues or "red flags" with regard to the petition and the petition filer. This could be with regard to reported income by the debtor, charitable contributions claimed by the debtor, and various aspects within the means test, which is the tool to determine whether one qualifies for a Chapter 7 bankrutpcy filing.

The US Trustee oversees the performance of the local trustee, who manages the bankruptcy filer at the local level. During a Chapter 7 or Chapter 13 bankruptcy filing, the trustee will manage the debtors case, interact with them at the 341 hearing, and review all assets and financial reports with regard to the bankruptcy filing. In turn, the US Trustee manages the work of the local trustee to ensure quality control and the effective filing (or dismissal) of each bankruptcy case.

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.

A San Jose bankruptcy lawyer explains the purpose of the US Trustee...

The US Trustee plays a key role with regard to the bankruptcy process, whether it is a Chapter 7 bankruptcy (liquidation, aka the Fresh Start), a Chapter 13 bankruptcy filing (a portion of the debt is paid back, some assets are kept), or a Chapter 11 bankruptcy petition (aka a restructure). The US Trustee performs different tasks depending on which of these bankruptcies are brought forth and works within the guidelines outlined by the United States Bankruptcy Code.

The purpose of the US Trustee is to manage the aspects involved with regard to the debtor’s estate and assets. The US Trustee examines and makes determinations that sometimes include selling the debtor assets and answering debtor demands. The reason the US Trustee might manage the sale of debtor assets would be to pay off creditors.

It is required that the debtor be open and honest when working with their US Trustee so that all aspects of their bankruptcy may be properly evaluated in the best interest of all parties involved.

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.

A San Jose bankruptcy attorney answers the question Question: Where is the Bankruptcy Trustee Office for the San Jose, California division?

Answer: There are five chapter 7 trustees in the San Jose division. Each trustee has their own bankruptcy trustee office with their own mailing address. The mailing addresses are as follows:

1. Audrey J. Barris, P.O. Box 573, Pebble Beach, CA 93953, (831) 655-3552
2. Mohammed Poonja, P.O. Box 1510 Los Altos, CA 94023, (650) 941-3400
3. John W. Richardson, 5161 Soquel Drive, Suite F, Soquel CA, 95073, (831) 475-2202
4. Carol Wu, 25A Crescent Drive #413, Pleasant Hill, CA 94523, (408) 404-7039
5. Marc Jeffrey Del Piero, P.O. Box 1127, Pebble Beach, CA 93953, (831) 626-4666

There is one Chapter 13 trustee in the San Jose Division, Devin Derham-Burk. Her bankruptcy trustee office mailing address is P.O. Box, 50013, San Jose, CA 95150.

Ms. Derham-Burk’s office can be contacted at (408) 354-4413.

Ms. Durham-Burk’s physical bankruptcy trustee office is located at 983 University Ave., Los Gatos, CA 95032.

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.