what is a trustee judge over attorney

The person with whom you’ll have your 341 hearing is actually the bankruptcy trustee not the judge. The trustee is usually either an attorney or a certified public accountant that reviews your case and administers any assets to your creditors.

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Is a trustee the same as a judge?

Oct 29, 2017 · Choosing your trustee to handle your trust administration. The trustee serves a crucial role in trust administration. For that reason, choosing the right trustee is extremely important. The way a trust operates, the trustee will be given authority over your financial affairs and personal matters, under the terms of the trust.

Do I need an attorney as a trustee of a trust?

Jan 23, 2022 · The bankruptcy trustee is often an attorney with experience in bankruptcy law. A Trustee’s Fee Structure Depends On Whether You File For Chapter 7 Or Chapter 13 Bankruptcy. Updated by Cara O’Neill, Attorney. The bankruptcy trustee is responsible for overseeing a filer’s bankruptcy case and, of course, gets paid to do the job. But it’s fair to say that the trustee’s …

What is the role of a trustee in a probate case?

Almost anyone you trust, who is over the age of 18, can be your Trustee. Friends/Family - This is a common route, but also comes with the potential for family drama and even resentment. However, if you have a friend or family member whom you trust, the peace of mind this option offers can be worth it.

Who can be a trustee of a will?

Aug 18, 2014 · 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. Primarily the trustee will be examining your pleadings, property and assets to confirm that you indeed do not …

What does the U.S. trustee do?

The Office of the United States Trustee is an executive branch agency that is part of the Department of Justice. Its responsibilities include monitoring the administration of bankruptcy cases and detecting bankruptcy fraud.

Who is responsible for supervising the standing trustee?

The standing trustee operates under the supervision of the U.S. Trustee for that district, who operates under the direction of the United States Attorney General. The trustee is compensated by taking a percentage of the payments collected from the debtor, which, for Chapter 13 cases, is typically 10%.

How are U.S. trustees appointed?

Generally the interim trustee is assigned at random from a "panel" of qualified individuals at the time a bankruptcy case is filed, and is automatically appointed as the "permanent" case trustee after the first meeting of creditors.

Who does the U.S. trustee represent?

the Department of JusticeThe United States Trustee Program is the component of the Department of Justice responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. § 586 and 11 U.S.C. § 101, et seq.Jan 27, 2022

What is a standing trustee?

Standing trustees evaluate the financial affairs of the debtor, make recommendations to the court regarding confirmation of the debtor's repayment plan, and administer the court-approved plan by collecting payments from the debtor and disbursing the funds to creditors.Mar 25, 2021

How many US trustees are there?

There are 21 U.S. Trustee offices across the country, and one of the offices is assigned to your local bankruptcy court. Each office manages the bankruptcy trustees that are appointed to administer bankruptcy cases (more below).

Who are debtors?

A debtor is a company or individual who owes money. If the debt is in the form of a loan from a financial institution, the debtor is referred to as a borrower, and if the debt is in the form of securities—such as bonds—the debtor is referred to as an issuer.