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A bankruptcy trustee is a person appointed by the United States Trustee, an officer of the Department of Justice, to represent a debtor's estate in a bankruptcy proceeding. Bankruptcy trustees evaluate and make recommendations about various debtor demands in accordance with the U.S. Bankruptcy Code.
The trustee is the person (or people) who holds legal title to the property that is in the trust. The trustee's job is to manage the property in the trust for the benefit of the beneficiaries in the way the settlor has asked.
Soon after the meeting, the court will issue the orders for the next steps to be taken, like a Chapter 7 debtor to assemble and make available the nonexempt assets. If the trustee has some unanswered questions, a debtor can be ordered to provide additional information.
The trustee will ask a series of routine questions that must be asked of every debtor. The trustee will then ask about any particular problems that arise in your case. Most bankruptcy attorneys can predict what the trustee will ask and explain the situation ahead of timeto both you and the trustee.
The Chapter 7 trustee reviews the bankruptcy paperwork and checks the debtor's identification. But those are minor duties. The main responsibility of the Chapter 7 trustee is to sell anything the debtor isn't entitled to keep and to disperse the funds to the debtor's creditors.
Did you review your bankruptcy petition and schedules before you filed them with the court? Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge? Did you disclose all of your assets? Did you list all of your creditors? Have you filed for bankruptcy before?
The meeting is an opportunity for the bankruptcy trustee and creditors to question the debtor under oath regarding their assets, liabilities, and other matters that pertain to their bankruptcy case.
Assuming that everything goes according to schedule, you can expect to receive your bankruptcy discharge (the court order that wipes out your debts) about 60 days after your 341 meeting of creditors hearing, plus a few days for mailing.
The trustee is not the judge. The trustee has a very important position and has the power to ask the judge for permission to do a myriad of things such as dismiss your case, object to your pleadings and request that you turn over property or money, yet the trustee is not the judge.