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What Is a Chapter 13 Trustee?

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    Analyzes Paperwork

    • Reviewing the paperwork submitted by interested parties for each bankruptcy case is one of the trustee's duties. The trustee makes sure the information in the bankruptcy petition coincides with the documents submitted by the debtor. If the trustee notices any discrepancies, the trustee requests that the debtor or debtor's attorney provide further documentation for clarification. The trustee confirms the debtor's identity and the truthfulness of the information provided in the bankruptcy petition during the 341 Meeting of the Creditors.

    Ensures Compliance with Bankruptcy Code

    • All parties are required to comply with the Federal Rules of Bankruptcy Procedure. Creditors must meet the deadlines for submitting a proof of claim. If the creditor was notified of the bankruptcy but failed to timely file a proof of claim with the bankruptcy court, the trustee can bar the creditor from receiving any money from the bankruptcy estate. When the debtor does not fulfill his obligations and causes delays which may be prejudicial to creditors, the trustee can recommend dismissal of the case.

    Approves or Denies Chapter 13 Plan

    • The trustee approves or denies confirmation of the Chapter 13 plan. The trustee requests that the debtor submit an amended plan if the amount of debt listed in the plan is inaccurate, or if a creditor entitled to receive payment is not included in the plan. Debtors need to make a steady income to qualify for Chapter 13 bankruptcy. The trustee will file a motion to dismiss the case if it appears the debtor does not make enough money to cover all of the debts that need to be repaid. The trustee will not approve the Chapter plan if it is apparent the debtor cannot successfully complete it.

    Distributes Funds

    • The trustee collects the monthly payments submitted by the debtor and distributes the money to the creditors after the Chapter 13 plan is approved. The amount of money each creditor receives depends on the debtor's income and the creditor's priority status within the bankruptcy case. The trustee sends money to the payment address provided by each creditor in the creditor's respective proof of claim. The trustee performs a final review of the case after the debtor has finished the repayment plan. The court will discharge the case once the trustee confirms the debtor has fulfilled all of his obligations.

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