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Are there two types of Trustees in a BK?

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    Are there two types of Trustees in a BK?

    I am confused. I read that sometimes the US trustee is involved in the BK and sometimes the trustee. I thought this was the same person. If not, under what circumstances would the US Trustee need to be involved in a BK?

    Hearts

    #2
    Most of the time you just deal with the Ch 7 or Ch 13 Trustee. The US Trustee only gets involved if they think the BK warrants it. But the US Trustee's Office has the following duties:

    Appointing and supervising private trustees 3/ who administer Chapter 7, 12, and 13 bankruptcy estates (and serving as trustees in such cases where private trustees are unable or unwilling to serve);

    Taking legal action to enforce the requirements of the Bankruptcy Code and to prevent fraud and abuse;

    Referring matters for investigation and criminal prosecution when appropriate;

    Ensuring that bankruptcy estates are administered promptly and efficiently, and that professional fees are reasonable;

    Appointing and convening creditors' committees in Chapter 11 business reorganization cases;

    Reviewing disclosure statements and applications for the retention of professionals; and

    Advocating matters relating to the Bankruptcy Code and rules of procedure in court.

    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Thanks Starting Over, just needed some clarity on that. Would my attorney know if the US Trustee sits in on the bk cases? Do I need to know who the trustee is?

      Thanks
      Evelyn

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        #4
        Originally posted by myhearts07 View Post
        Thanks Starting Over, just needed some clarity on that. Would my attorney know if the US Trustee sits in on the bk cases? Do I need to know who the trustee is?

        Thanks
        Evelyn
        If you are a clear cut chapter 7 you will only get involved with he panel trustee. they are local lawyers that are appointed to administer the cases.
        If you check pacer you will see who your trustee is. He/she will be at your 341 meeting.
        IF the UST gets involved it can mean that you maybe going chapter 13.
        Having the UST interested in your case is not a good thing.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

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