When a debtor files for Chapter 7 or Chapter 13 bankruptcy, a bankruptcy trustee is appointed to oversee the case. Many debtors who file for bankruptcy without an attorney, mistakenly believe that the bankruptcy trustee is there to protect them from the creditors when in fact the bankruptcy trustee’s main responsibility is to collect money from debtor’s assets and use them to pay creditors as required by the bankruptcy laws. In other words, the bankruptcy trustee is looking out for the creditors’ interests.
Although the bankruptcy trustee is not the enemy of debtors, they will act against any debtor that does not follow bankruptcy law even if it’s because the debtor doesn’t know the law. During a Chapter 13 bankruptcy, the bankruptcy trustee reviews the proposed repayment plan to make sure that it follows the law and he/she is also the person that collects monthly payments from the debtor and distributes them to creditors, according to the Chapter 13 bankruptcy plan. In a Chapter 7 bankruptcy, the bankruptcy trustee will collect and liquidate the debtor’s assets and distribute the money to creditors. It is the job of the bankruptcy trustee to make sure that the creditors get their fair share of the debtor’s money.
Many debtors who file for bankruptcy without the help of an attorney don’t know all of the important intricacies of bankruptcy law and become vulnerable when the bankruptcy trustee and creditors seize their assets or bring complaints against the debtor. This is why it’s worth the investment to work with an experienced attorney who can look out for the debtor’s interest while the bankruptcy trustee looks out for the interest of creditors.
