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Filing for Chapter 7 bankruptcy can feel overwhelming, especially when you’re not sure what to expect. One key figure in the process is the Chapter 7 trustee, whose role is to oversee your case and ensure everything is handled fairly.
At Yusufov Law Firm PLLC, we’ve helped individuals and families in Mesa, Phoenix, and Tucson understand how bankruptcy works and what to expect at each step. In this article, we explain the duties and powers of a Chapter 7 trustee, how they interact with your assets, and what their role means for your case in Arizona.
Once the bankruptcy petition is filed, the U.S. Trustee Program appoints an impartial individual called the Chapter 7 trustee.
That person is selected from a panel of qualified professionals and acts as a fiduciary for the creditors and the bankruptcy estate.
The trustee gathers and liquidates non-exempt assets, reviews claims, and distributes the funds in accordance with the Bankruptcy Code.
While trustees work closely with debtors, they are not on the debtor’s side.; However, they must treat debtors fairly, and they must follow the law and the court’s orders.
Below is a closer look at the day-to-day work the trustee performs under 11 U.S.C. § 704.
The trustee’s primary role is to turn non-exempt property into cash.
Every dollar and every item collected must be tracked. The trustee maintains detailed records of receipts, disbursements, and bank accounts and must reconcile these records regularly.
The trustee reviews pay stubs, tax returns, and statements, asks questions at the 341 meeting, and looks for hidden assets or false statements.
Creditors file “proofs of claim” showing how much they are owed. The trustee objects to claims that lack support, are filed late, or seek improper amounts.
If the trustee uncovers fraud, perjury, or asset concealment, the trustee may sue to block the debtor’s discharge.
Creditors who have questions about the estate can request information, and the trustee is required to respond promptly.
In rare cases where the trustee is permitted to operate the debtor’s business for a short period, detailed operating reports must be filed with the court.
Ultimately, if the trustee collects any money or property, the trustee files a Final Report, which details the assets collected, the funds realized from these assets, and how and to whom the funds were paid.
If the debtor owes child or spousal support, the trustee must send special notices to both the recipient and Arizona’s child support enforcement unit.
Trustees sometimes deal with environmental cleanup, abandoned pets in a business, or safeguarding patient records when a medical practice shuts down.
Besides the duties listed above, trustees have certain “avoiding powers” that help them pull money back into the estate.
If the debtor paid one creditor within 90 days before filing while ignoring others, the trustee can demand that money back so all unsecured creditors share equally.
Gifts or bargain-price transfers made within up to four years of filing can be unwound if the debtor received less than fair value or acted with intent to hinder creditors.
The trustee may step into the shoes of unsecured creditors to attack unperfected liens or transfers that violate Arizona law.
When someone besides the debtor holds estate property, the trustee can sue for turnover.
The U.S. Trustee Program appoints, trains, and supervises private panel trustees. It also reviews trustee reports, audits random cases, and refers suspected crimes to the U.S. Attorney.
Trustees help by forwarding any evidence of fraud or tax evasion they discover. Together, both groups protect the integrity of the bankruptcy system.
Creditors rarely attend bankruptcy hearings, so the trustee typically speaks on their behalf.
Day of the Case | Trustee Action | Legal Citation |
Day 1 | Receives appointment, reviews schedules | 11 U.S.C. § 701 |
Day 30 | Conducts 341 meeting, begins asset investigation | 11 U.S.C. § 341 |
Months 3-6 | Sells non-exempt property or files a no-asset report | 11 U.S.C. § 704(a)(1) |
Months 6-12 | Reviews claims, files objections | 11 U.S.C. § 704(a)(5) |
Months 12-18 | Files the Final Report, distributes funds | 11 U.S.C. § 704(a)(9) |
Our team focuses on practical outcomes, whether that means protecting assets under state exemptions or ensuring that you are able to keep important property, likes a home or a vehicle. We conduct an in-depth review of your financial situation, and prepare a strategy tailored to your concerns and objectives. You can talk with us in Tucson at (520) 745-4429 or in Mesa and Phoenix at (480) 788-0098, or reach us online through our Contact Us page.
To discuss your financial situation and learn more about your debt relief options, give us a call at (520) 745-4429 or (480) 788-0098.
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