Who Is The Chapter 13 Trustee?
So you’ve filed bankruptcy, and you need to attend a Section 341 Meeting of Creditors with the trustee. So, who is this trustee? This is an important concept to understand before going into that 341 Meeting.
The trustee is the person appointed by the court to act as a neutral third party in reviewing your case and administering your assets (in other words, getting the creditors paid what they are entitled to in your case – or determining that they are not entitled to anything).
It is important to understand that the trustee is not on your side. I say this only to discourage you from saying too much or asking the trustee questions during your 341 Meeting. Just answer the trustee’s questions directly and concisely, without offering unnecessary additional information, respectfully, and by all means, 100% truthfully. If you have any questions about your case, they are best reserved for your attorney, either before or after the meeting.
It is also important to understand that the trustee is not the Judge. The trustee may file an objection to something in your case or make a recommendation to the Judge regarding some issue in your case, but if you (or your attorney) disagree with the trustee, the matter can either be settled with the trustee or argued before the Judge, who will make the final decision. Keep this in mind during your 341 Meeting so that you are not alarmed or thrown off if the trustee says something that you don’t understand or that you disagree with.
Ideally, you will have your own attorney there with you respond as appropriate and to explain everything to you after the meeting. Your main job is to answer the trustee’s questions truthfully and to the best of your ability – it’s as simple as that.
This blog was written by Holly McFall, Esq. of The Dellutri Law Group, P.A.. Ms. McFall defends homeowner in the foreclosure process and in the Bankruptcy Court.
