3 Important Players in Bankruptcy Court
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In addition to the person filing bankruptcy, other individuals who will play an important role in your bankruptcy case are your case trustee, your bankruptcy judge, and - if you have one - your bankruptcy attorney. Let’s take a look at some of the important players -other than your creditors - that you may encounter in your Chapter 7 bankruptcy.
Written by Attorney Jamie Lee Ruiz.
Updated August 9, 2020
In addition to the person filing bankruptcy, other individuals who will play an important role in your bankruptcy case are your case trustee, your bankruptcy judge, and - if you have one - your bankruptcy attorney. Let’s take a look at some of the important players -other than your creditors - that you may encounter in your Chapter 7 bankruptcy.
The case trustee
When it is time to file your Chapter 7 or Chapter 13 bankruptcy case, you will need to file your bankruptcy petition, forms, and other necessary documents with the bankruptcy clerk located in the proper federal courthouse. Once your case is filed, it will be assigned a case trustee, who is the administrator of the bankruptcy estate that is created when your petition is filed with the court. If you have filed a Chapter 7 bankruptcy case, the bankruptcy court will assign a trustee to your case from a panel of trustees who preside over the administration of Chapter 7 bankruptcy cases in the district. It is the trustee’s job to ensure that you have complied with the requirements of the Bankruptcy Code, applied the correct exemptions, distribute the assets of the bankruptcy estate, and to communicate with creditors or other parties regarding any issues that arise during the bankruptcy process. In the Chapter 13 context, your trustee will review and approve your repayment plan and essentially service the plan, collecting your payments before distributing them to your creditors under the terms of your confirmed plan.
Bankruptcy Judges
A bankruptcy judge will rarely, if ever, get involved in your bankruptcy case. A judge may be involved in deciding upon a fee waiver or installment plan application, deciding upon an objection to entry of the discharge in a bankruptcy case, or if an objection is raised by a creditor or some other party. It is namely the trustee who is responsible for the legal administration over the bankruptcy case. However, the judge will get involved when there are adversary proceedings, or to approve reaffirmation agreements or enter orders regarding other matters.
Bankruptcy Attorneys
Probably the most important to you is your representation, your bankruptcy attorney. Since bankruptcy is a matter of federal law and practiced in the federal courts, your attorney must be admitted to practice law in the federal courts. Most attorneys you will meet will have passed their state bar exam and are able to appear in state court. In addition to passing the bar, an attorney must be admitted to the federal bar to represent you in your bankruptcy case.
