Difference between us trustee and bk trustee?

[dmc-2008]

Is the us trustee the one at the courthouse for 341 and the bk trustee the one who monitors your case? Do you ever meet the bk trustee or just send money and documentation? Thank you.

[goon]

The bk trustee assigned to your case (or one of his employees) is who you meet at the courthouse for the 341. The bk trustee is also the one that your money goes to and who distributes the money.

I think of the US trustee as the overseer of the bk trustees. You will never meet the US trustee unless something is SERIOUSLY wrong.

The other way I have heard it worded is that the bk trustee works on behalf of your creditors and the us trustee works on behalf of the government.

[dmc-2008]

Ok, so the one I will work with will be there. Ok got it. Thanks

[goon]

Yes thou just remember if you are working with an attorney you will not be working directly with the trustee at all other than sending money, sending requested documents, and appearing at the 341 (with your attorney). Anything else you should go through your attorney for, trustees tend to not like it when a represented debtor goes directly to them for something.

[dmc-2008]

Oh good to know! Yes I am represented. We filed today btw and so it starts! I just hope this won't be the horrible experience I have read about. I know it is no cake walk but it is supposed to be debt relief and the stories sound so scary. That is why I am here trying to learn as much as I can and be with you good people. I feel less alone :-/

[goon]

Just remember that in general people are far more likely to go on about their bad experience than a good experience. I am about half way through a ch13, and certainly had ups and downs. The biggest thing you can do is make yourself stick to the budget and put away whatever little bit you can.. cause something will happen over the course of 5 years where you will need some extra money. Even if it is a little bit just keep some kind of a cushion.

[dmc-2008]

You are so right! I dont know where i am going to get extra ( probably fro
Grocery budget) but I have no EF and it freaks me out! Fingers crossed nothing happens too soon! Congrats on halfway point!

[TheBajan]

Goon is right... there are a lot of good stories too but I know that I do a lot more lurking around this site than commenting. He's given you great advice... stick to the budget you set up. Learn to distinguish between needs and wants and always put the wants on the back burner. Create an emergency fund and ONLY TOUCH IT IN AN EMERGENCY. You will find a freedom that you've never had before. Take your fresh start and never look back!

[goon]

You are so right! I dont know where i am going to get extra ( probably fro
Grocery budget) but I have no EF and it freaks me out! Fingers crossed nothing happens too soon! Congrats on halfway point!

So you might find some extra in your grocery budget... but one of the keys is that there are some things that you should be budgeting for that are not necessarily monthly issues.
But for example you should have a budget for vehicle maintenance (assuming you have a vehicle). If that money is not being spent in that month on maintenance it should be saved because at some point you will need it (ie it is not extra money for a trip to the movies or something because the car didn't need work this month). Again if you have a vehicle make sure that you have your registration costs budgeted (yearly registration / 12) this may be tied in your vehicle maintenance budget. If you spend less on gas or transportation one month than put it away. you should have something in your budget for healthcare ( copays and whatever) again if you don't go to the dr, put it away. There are lots of little places where you can save, and even if it is small amounts it adds up.

Now I say in general not to use that money for other things, but what I do sometimes is set myself a goal... If my savings hits x than the family gets a treat ( going to a movie or something ) sometimes it helps to give yourself motivation, just make it reasonable and something that you can stick to. (in this case I do not count savings towards a yearly fee as "savings"... ie I pay my auto insurance 6 months at a time (cheaper that way), but I put money into my savings account every month towards car insurance so that I have the $ when the bill comes, I do not count that money as savings thou)

[dmc-2008]

I looked at the "budget" briefly when I signed and if the 341 goes ok and they agree to the plan payment I can work with it. Esp with the method you describe for saving. I will do that!! I have learned too late how to be frugal but now maybe it will help keep me on track.
I just want to know what to expect for my payment. I am already tightening it up and trying to plan ahead! Thanks again guys!

[goon]

Only other advice I can give is make your trustee payment as soon as you receive the paycheck that it will come out of (ie my payment isn't due till like the 28th of the month but I usually send it in the 16th or 17th because it comes out of my paycheck on the 15th). This way the plan payment is not sitting in your checking account where you might accidentally spend against it. And if you get any extra money either save it or buy ahead (if I have a little extra in a given month I will buy some non-perishable food, this has come in handy in some tight months because we had something to fall back on).

[dmc-2008]

Goon you and I are gonna be fast friends until you dump me in 2.5 years after your successful completion!! Great advise and should be posted under that thread about sucessfull 13s! Glad you and everyone else is here blazing the trails to a fresh start. Without this bk I would never see my way clear and to keep it clear for the rest of my life!

[alorth]

I had the "pleasure" of meeting with the 6th Circuit US Trustee in our case after a Motion to Dismiss our original CH 7 filing came down from his office, and our atty set up a meeting with him to discuss our case and circumstances personally. It was unusual. He certainly was a decent and polite guy, just doing his job. In the end, we were persuaded not to fight the Motion and to convert to Ch. 13. And yes, the other Ch 7, Ch 12 and Ch 13 TTs are appointed and supervised by the U.S. Trustee. Interestingly, Ch. 7, 12 and 13 Trustees are NOT technically Government employees....they are considered "private" trustees, who operate in concert and under the supervision of the Government. The US Trustee IS a Government employee (of the Dept. of Justice) and always has the power to supersede one of the lower Trustees in decision making on a case.

[alorth]

BTW....you can always get a ton of info on the trustee system and BK in general here:

https://www.justice.gov/ust/index.htm

[dmc-2008]

Thanks much, i will check it out.