What are the extent of the trustee's power. I'm under the assumption that within a Chapter 7 all the trustee can really do is move to dismiss the case. I don't think that he can seize post petition income or assets or force the creditor to convert to a Chapter 13 unwillingly. Any thoughts?
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What are the extent of the trustee's power
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The Trustee has broad powers actually.
He can indeed move to dismiss a case, or even worse dismiss with prejudice.
He can seek additional documentation, going back even as much as 3-5 years in some cases.
He can indeed force you into a Chapter 13 (However if you refuse to pay the payment then your now Ch 13 will be dismissed).
He can force you to turn over assets that are not exempt and distribute them to creditors.
Income made after the filing is yours and will not be garnished etc by the trustee.
Assets is another question though, if the assets were acquired through non exempt assets earned prior to filing then they are fair game, otherwise if it is garnered with post filing assets then it is not.May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
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