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The Role of the Trustee

In Chapter 7 the Trustee primary function is to review the petition and schedules and documents the Debtor must provide the Trustee, conduct the creditor’s meeting, identify assets that may be available to the bankruptcy estate and, if necessary liquidate assets and administer the estate in making distributions of liquidated assets to unsecured creditors. In the large majority of Chapter 7 cases, no assets are liquidated. The Chapter 7 Trustee is in effect the representative of all the unsecured creditors.

The Chapter 13 Trustee plays a similar role as the Chapter 7 Trustee, but in addition, the Chapter 13 Trustee also recommends or opposes confirmation of the Chapter 13 plan and administers the payments made under the plan after confirmation. The Debtor in the Chapter 13 case may have regular contact with the office of the Chapter 13 Trustee regarding payment and certain other administrative matters.

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