Role of the Trustee

Who Is the Bankruptcy Trustee?

When you file for Chapter 7 or Chapter 13 bankruptcy, the court will appoint a trustee to oversee your bankruptcy filing. At Kingcade & Garcia in Miami, Florida, our clients often have questions about the role of the trustee. We offer the following general information regarding bankruptcy trustees, to help you know what to expect during bankruptcy. With assistance from one of our experienced bankruptcy attorneys, the process can be relatively straightforward and efficient.

The Role of the Trustee in Chapter 7 and Chapter 13 Bankruptcy

Because Chapter 7 and Chapter 13 are different, the role of the trustee is different for each. During Chapter 7 bankruptcy, the trustee will first determine eligibility and confirm that all documents filed with the court are accurate and complete. It is also the trustee's job to investigate your financial affairs and uncover any funds that can be used to pay creditors. If you have any nonexempt assets, your Chapter 7 trustee will manage the sale of those assets to pay off some of your debt.

In Chapter 13 bankruptcy, the trustee will oversee the creation of your repayment plan, ensuring it is reasonable. The Chapter 13 trustee will also coordinate and document all payments to your creditors.

Typically, you will only meet with your trustee once at the meeting of creditors. Following this meeting, your lawyer at Kingcade & Garcia will communicate with the trustee throughout the rest of the bankruptcy process.

Bankruptcy is designed to protect people who are struggling under overwhelming debt. With assistance from our experienced professionals, you can take back control of your financial situation. Contact Kingcade & Garcia online or by phone at 305-285-9100 to set up a free consultation.