Chapter 13 Bankruptcy And Your Trustee

Law Blog

Anyone with extremely serious financial problems may have to consider filing for bankruptcy at some point. Individuals forced to declare bankruptcy have two choices: file under Chapter 7 of the bankruptcy code or under Chapter 13. If you have the resources to pay off some of your outstanding debt, it's probably a good idea to file under Chapter 13. This provision allows you to keep your property rather than forfeit your possessions to creditors.

A key aspect of any Chapter 13 bankruptcy filing is working with the court-appointed trustee assigned to oversee your case. This article examines the functions and duties of these trustees.

Repayment Plan

At the start of the Chapter 13 process, you must create a repayment plan that allows your creditors to receive either the full amount of what you owe or a least some portion of it. The repayment plan rules require you to pay off the debt within a relatively short period of time, such as five years. For some types of debt, such as tax debt, you must pay the full amount. For unsecured debt, such as credit card debt, you can typically pay less than the full amount.

The trustee will examine your repayment plan at a meeting and approve it or not. The trustee might offer some suggestions as to have to improve the plan so that it will be approved. When a repayment plan is ultimately approved, you will need to make regular payments to fulfill your financial obligations to your creditors. You do not make any payments to the creditors, however. You make a single payment to the trustee, who then distributes the money to your creditors.


When your repayment plan is created, presumably with the help of your bankruptcy attorney, you will then have a meeting with the trustee and your creditors.  At this meeting, the trustee will give the creditors a chance to make objections to your plan. The trustee may also raise any objections that they have to the plan. If the trustee approves of your plan, then it goes to the bankruptcy judge for final confirmation.

The trustee will ask you questions about your finances about this meeting and you will be put under oath, so telling the absolute truth is essential. 

Navigating the Chapter 13 bankruptcy process and dealing with a court-appointed trustee is extremely difficult for the average person. For this reason, getting expert advice from a qualified and experienced bankruptcy attorney is essential

For more information, contact a bankruptcy lawyer such as Harold S. Entes Esq.


11 November 2022

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.