The Duties Of A Trustee
The trustee's primary responsibility is to represent the creditors. However, this function varies based on the various types of cases and the bankruptcy court's ruling. In most cases, these attorneys represent the creditors, but depending on the circumstances, it may also be their responsibility to monitor the debtor's behavior. For instance, if it is a chapter 7 case, they must ensure that all of the debtors' assets and properties have been liquidated in accordance with the law. In addition, they labor in favor of the debtors by ensuring that they receive property exemptions in accordance with the state laws applicable to the matter. In contrast, if the bankruptcy involves chapter 13, the trustee monitors the debtor's business activity. In some instances, they collaborate with the debtor to ensure the seamless and profitable operation of the debtor's business. In addition, they monitor whether or not the debtor follows the court-ordered repayment schedule.
What is The Trustee's function?
There are numerous methods by which a bankruptcy trustee performs its duties. However, regardless of the path they take, their primary objective is always to safeguard the interests of the creditors. For instance, the trustee can distribute funds to the proper creditors, object to discharge or certain exemptions a debtor may claim, collect estate property, liquidate nonexempt estate property, etc.
The Degree Of Involvement
As stated previously, the trustee's involvement varies depending on the form of bankruptcy. For instance, in chapter 7 bankruptcy, the trustee's function is extremely limited. In chapter 13, the level of involvement is significantly higher. Moreover, in chapter 11, their responsibilities are multifaceted.
Overall, it is evident that the bankruptcy trustee's task is a balancing act. In addition to keeping the creditors' interests in mind, they are obligated to aid in the debtor's plan's execution. In the United States of America, ""the United States Trustee"" is the organization responsible for appointing trustees.
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