Hello folks, thanks for all of your great help. I have a question. What is the difference between the U.S. trustee and the local trustee? Are they looking at and for different things? Thank you for your help.
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The U.S. Trustees oversees and monitors the entire Federal Bankruptcy program. The local or "standing" trustees are the trustees that you actually report to and they administer your case during the duration of your bankruptcy.sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."
Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo: -
The US Trustee's in each area of your state is appointed by the Attorney General in Washington. They overseas any federal bankruptcy that is filed in your state to see that it is followed by the letter to the Bankruptcy Codes.
The Trustee's are court appointed attorneys that handle your bankruptcy case for the court and they are in charge of your financial affairs until your case is over. They also represent the creditors in your case. It is their responsibility to determine if you have assets that can be sold to pay your creditors or not.
All within the guidelines of the bankruptcy laws and exemptions.
Your attorney/or yourself (pro se) represent you.
The Trustee makes his decisions about things and the US Trustee signs off on whether he agrees or not..... If there is a controversy the Bankrutpcy Judge makes a final ruling.
Unfortunately, while all this takes place - YOU really have no say in the matter. Your financial life is in their hands during the bankruptcy process.Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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Just a point of clarification...the "standing trustees" (i.e. the actual chapter 7/13 trustees) need not be attorneys.
But everyone is correct.
The US Trustee is a division of the U.S. Department of Justice...and among other things, they oversee Bankruptcy and enforce certain provisions of the BK Code. Thus, it is usually not a good thing if the US trustee gets invovled in the case (but keep in mind, the US trsutee is required to audit at least 1/250 cases, so sometimes their involvement is simply part of the audit).
The standing trustees (or Chapter Trustees) are appointed by the US Trustee (with BK Court Oversite) and they handle BK case administration. This person is the trustee the debtor's meet at the 341 meeting.Comment
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