Chapter 13 Trustee

/Chapter 13 Trustee
Chapter 13 Trustee 2018-01-29T17:24:02+00:00

The Chapter 13 Trustee is a lawyer appointed by the U.S. Department of Justice.  In theory, this trustee is supposed to protect the interests of your creditors.  In practice, this trustee justifies its existence by objecting to nearly every Chapter 13 reorganization filed with the court — oftentimes with objections that are nitpicky, irrelevant, or outright contrary to existing law or the facts of the case.  This makes it pretty much impossible for someone to get through a Chapter 13 without an attorney.

It also means that when you have an attorney, and you get an objection to your Chapter 13 reorganization plan, you shouldn’t worry much about it.  Most objections can be resolved by negotiation or by providing documentation to the trustee to substantiate the facts that your attorney has already established during the intake process.  In other instances, when the trustee is being obtuse or arguing facts contrary to law, the objection must be resolved by going to a hearing before the bankruptcy judge assigned to your case.

The goal of the trustee is squeeze every nickle out of you that he or she can for the benefit of the multi-billion dollar national banks.  In so doing, the trustee makes sure that there’s enough money coming through the door to cover office expenses and salary.  The irony is that the trustee takes a percentage of every dollar collected through a Chapter 13 reorganization plan.  This helps to explain why many objections are resolved with very little benefit to the creditors.  For example, a well-funded plan which pays a good dividend to your creditors may still draw an objection — only to be resolved by throwing a few more pennies on the dollar to the big banks.