Georgia Bankruptcy Trustee: A Guide by Cherney Law Firm

Understanding the Role of a Georgia Bankruptcy Trustee 

 

Understanding the Role of a Georgia Bankruptcy Trustee  sectDeciding to file for bankruptcy is a challenging financial decision. Bankruptcy provides an opportunity to protect your assets and eliminate unbearable debts. It also may allow you to improve your financial situation and land back on your feet. 

The court will appoint a bankruptcy trustee to oversee the bankruptcy proceedings and administration of the bankruptcy plan. The trustee controls the debtor’s assets until the bankruptcy case is closed.

At Cherney Law Firm, we can help you as you file for bankruptcy in GA. Our experienced team can help you through every step of the process, understand the role of a trustee, and work with the trustee during the pendency of your case. 

 

What Is a Georgia Bankruptcy Trustee?

 

Understanding bankruptcy basics is essential as you start the process. Various types of bankruptcy are available depending on your financial situation and goals. An experienced bankruptcy attorney can guide you to make an appropriate decision. 

Bankruptcy trustees play important roles under the United States Bankruptcy Code. The United States Trustee program is a unit of the United States Department of Justice unit. It handles the selection of bankruptcy trustees for 21 regions of the country, covering the Federal Judicial Districts. The United States trustee is responsible for appointing private trustees within their region. 

A trustee holds administrative control over property and has a duty to administer that property impartially. As such, a trustee should possess integrity and good moral character.

 

Chapter 13 Trustee

Filing for Chapter 13 bankruptcy offers the petitioner an opportunity to repay creditors. Your Chapter 13 bankruptcy trustee oversees the repayment plan.

The trustee will participate in the bankruptcy process by:

  • Reviewing the Chapter 13 repayment plan;
  • Ensuring that the payment plan complies with the law;
  • Conducting meetings with creditors;
  • Attending confirmation hearings;
  • Reporting any misconduct from the debtor to the Financial Conduct Authority.

A Chapter 13 bankruptcy attorney also finds debtors’ assets that can help the creditors. Therefore, the trustee’s role is not to advocate for the petitioner but to act impartially. Hiring a bankruptcy lawyer can protect your interests. 

 

Chapter 7 Trustee

Chapter 7 bankruptcy can eliminate debts and protect exempt property. However, filing for Chapter 7 bankruptcy can also be complicated. Proper administration of Chapter 7 bankruptcy case is vital.

During a Chapter 7 bankruptcy, a trustee will:

  • Review the papers you submit for the bankruptcy petition;
  • Conduct the 341 creditors meeting;
  • Investigate for undisclosed assets;
  • Seize assets that are not protected under the bankruptcy exemptions.

Your bankruptcy attorney can help you understand the effects of a Chapter 7 liquidation and what exemptions apply to your assets. Your attorney can also represent your interests during the bankruptcy process.

 

Impact of a Trustee on Your Bankruptcy Case

 

bankruptcy trustee is an impartial party entrusted with property administration during a bankruptcy case. This is a critical role; its execution can positively or negatively impact your bankruptcy.

In other words, the trustee is responsible for managing debtor assets. They also handle the liquidation of assets and payment to creditors. This is why they may request information about your assets. They will also verify creditors’ claims as they determine which debts should be paid first.

A trustee’s work is complete once the bankruptcy is closed or debts are discharged. 

 

How to Benefit From Working With Bankruptcy Trustees

 

How to Benefit From Working With Bankruptcy TrusteesA bankruptcy trustee uses their skills and knowledge to provide a professional service during bankruptcy proceedings. However, you are responsible for ensuring that you have a productive relationship. Be sure to hand over any documents the trustee requests to make the process easier and faster. Also, answer their questions correctly and provide proof when necessary.

Below are a few other tips for cooperating and benefitting from working with a United States bankruptcy trustee.

 

Be Presentable

You know what they say about first impressions. A bankruptcy hearing is an official proceeding. Dress neatly, and remember that you are seeking debt relief. Excessive jewelry and designer labels may make a poor impression.

 

Be Punctual

Do not waste the trustee’s time. Ensure you show up on time for meetings. Verify meeting and hearing location information and research traffic and parking beforehand. 

 

Listen and Be Respectful

Pay attention to what the bankruptcy trustee has to say. Be respectful at all times and remember that they are doing their job. 

 

Verify Payments

Paying consistently is an excellent way to ensure you complete any payment plan. It also ensures that you have a good relationship with the trustee. For Chapter 13 bankruptcy, you can check your payments at the National Data Center. You may also mail your inquiries.

 

Dispute Resolution

Disputes may arise between the creditors, debtor, and trustee. These disputes can halt the bankruptcy process unless handled well.

A bankruptcy attorney from Cherney Law Firm, LLC can help you resolve disputes and advocate for your interests when seeking resolution.

 

Are You Facing Challenges With a Bankruptcy Case? The Cherney Law Firm Can Help

 

The Cherney Law Firm Can HelpChoosing bankruptcy is a challenging decision. However, it may be the best option for individuals facing creditor harassment or at risk of home foreclosure. Bankruptcy involves multiple parties, and understanding each party’s role is critical to navigating the process. 

Bankruptcy trustees fulfill a crucial role and utilize their skills to administer your assets. Understanding how to work with your trustee is essential. A seasoned bankruptcy lawyer can act as a liaison during bankruptcy and help create a positive working relationship with the bankruptcy trustee.

Cherney Law is here to help and support you through bankruptcy. We have represented many clients filing for Chapter 7 and Chapter 13 bankruptcy, working with many trustees. We know that disputes and conflicts can arise. 

Are you facing disputes with bankruptcy trustees? Schedule a consultation today!

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