Information in this article does constitute legal advice, is for informational purposes only and may not constitute the most up-to-date information. Readers should contact their attorney for advice to any particular legal matter.
When it comes to Chapter 13 bankruptcy, there are several individuals involved in the process. These include the debtor (the person who files the bankruptcy case), creditors, bankruptcy judges, the clerk of court, the United States Trustee's Office, bankruptcy lawyers, creditors' attorneys, and co-debtors (people who co-signed debts with the debtor).
Out of all these individuals, the Chapter 13 bankruptcy trustee is one of the most important. The trustee is responsible for administering your bankruptcy case and plays a significant role in determining the outcome of your case. Understanding the trustee's role and responsibilities can help you grasp the power they hold over your Chapter 13 bankruptcy case.
What Is a Bankruptcy Trustee?
So, you've decided to file for Chapter 13 bankruptcy. When you do, the Bankruptcy Clerk of Court will appoint a trustee to your case. This trustee is a private individual appointed by the United States Trustee to oversee bankruptcy cases.
While the trustee is responsible for managing your bankruptcy case, they also make recommendations about your case. It's important to remember, however, that the bankruptcy judge has the final say in any disputes or issues that arise.
Although the trustee cannot act without the court's approval, they still hold significant power. The judge carefully considers the recommendations made by the Chapter 13 trustee, especially if you don't have a bankruptcy lawyer to advocate for you in court.
How Does a Chapter 13 Trustee Get Paid?
When you file for Chapter 13 bankruptcy, the trustee overseeing your case is paid based on the amount paid under your repayment plan. The fee percentage may vary depending on the jurisdiction, but the maximum percentage is 10 percent. This fee is deducted from your monthly bankruptcy payment as payment for the trustee's services.
Now, you may be wondering how much you owe in administrative fees. Unfortunately, there is no one-size-fits-all answer. The amount you owe can vary based on a variety of factors, and there are forms you can use to estimate the range you may owe. However, there are some hints that can help you estimate your Chapter 13 payment.
For example, some Chapter 13 plans state that the trustee is paid a percentage of the funds received. This means that if you are paying more in your plan, you may have a higher Chapter 13 fee. Additionally, the administrative expenses listed on the means-testing website can range from 3.6% to as high as 10% in fees. That's a significant amount of money!
Chapter 13 Trustee Fee Percentage
We understand that one of the concerns you may have when filing for Chapter 13 bankruptcy is the trustee fees. To help you plan your finances, we have created a Chapter 13 calculator based on the official US government bankruptcy forms. You can find the link to the calculator in the description below.
Using our calculator, you can get an estimate of the trustee fees you will have to pay. The calculator is easy to use and provides accurate results. We have also included a sample estimate of Chapter 13 trustee fees in the image below.
The calculator will provide a detailed breakdown of the estimated Chapter 13 trustee fees in your case. You can find this information under the Trustee Fees section. To use the calculator, simply click on the link below and input the required information.
The Chapter 13 Bankruptcy Trustee’s Role in Your Chapter 13 Case
When you file for bankruptcy, a trustee is appointed to oversee your case and evaluate your financial situation. The trustee's role is to recommend actions to the court and administer your case. Your bankruptcy "estate" refers to all of your legal or equitable interests in property that you own at the time of your bankruptcy filing.
If you file for Chapter 13 bankruptcy, the trustee plays a crucial role in your case. They are responsible for performing a variety of tasks, including:
Chapter 13 Bankruptcy Petition
After submitting your Chapter 13 petition and schedules, the Chapter 13 trustee will carefully review the information provided. Depending on the details of your petition and schedules, the trustee may request additional documentation or information.
The trustee's main objective is to ensure that your Chapter 13 plan adheres to the applicable bankruptcy laws for a repayment plan. They will examine your assets, debts, income, expenses, recent financial history, and any bankruptcy exceptions. This information is then used to calculate your Chapter 13 plan.
It's important to note that the trustee's role is not to judge or criticize you. Rather, their job is to help you create a realistic repayment plan that meets the necessary legal requirements. By working with the trustee and providing accurate information, you can increase your chances of successfully completing your Chapter 13 plan and achieving financial stability.
Chapter 13 Bankruptcy Repayment Plan
When filing for Chapter 13 bankruptcy, your proposed repayment plan will be reviewed by a trustee to ensure that it meets the necessary requirements. If the trustee finds that there are deficiencies, they will file an objection with the court. This objection will be heard during your scheduled Confirmation Hearing.
If this happens, don't worry. Your bankruptcy lawyer can file amended schedules and an amended plan to correct the deficiencies. It's possible that your Chapter 13 plan payment may increase slightly due to the trustee's objection. However, most bankruptcy lawyers propose the lowest plan payment they believe the court will approve. If the trustee objects, your lawyer will negotiate to resolve the issue in your best interest.
If there are no issues, the court will generally approve your proposed Chapter 13 plan. However, if you don't resolve any deficiencies, your case may be dismissed.
341 First Meeting of the Creditors
When filing for Chapter 13 bankruptcy, debtors are required to attend the First Meeting of Creditors, which is conducted by the Chapter 13 trustee. This meeting, also known as the 341 Meeting, provides an opportunity for creditors to ask questions about the debtor's finances. The debtor must testify and answer questions related to their assets, income, expenses, and debts.
The trustee will verify the debtor's identity, place them under oath, and ask questions about their plan of reorganization. These questions should have been previously answered in the Chapter 13 petition and schedules. The hearing usually lasts about 10 minutes, but may take longer for complex cases. Although this meeting may seem daunting, it is an important step towards financial stability and a fresh start.
Reviewing Filed Claims
If you have filed for Chapter 13 bankruptcy, it is important to understand that creditors must file a proof of claim to receive payment from your case. This applies even if the creditor has a secured claim and should receive specific monthly payments as per the plan. Without a correctly filed proof of claim, the trustee will not make any payments to the creditor.
It is worth noting that a bankruptcy trustee may file an objection to a proof of claim. However, it is ultimately the debtor's responsibility to review each claim and object to them if necessary. If a secured creditor fails to file a claim, the debtor should reach out to the creditor and ensure that they file a timely claim form with the court. Typically, the debtor's bankruptcy lawyer takes care of this task.
Administration of the Repayment Plan
If you're participating in wage withholding for bankruptcy plan payments, your Chapter 13 trustee will receive your plan payments from your employer. However, if you don't have a wage order in place, you're responsible for sending the trustee your plan payment each month before the due date. It's important to note that falling behind on plan payments could lead to the trustee petitioning the court to dismiss your case.
The Chapter 13 trustee's office pays creditors based on the terms of your Chapter 13 plan. It's important to remember that only creditors who filed a timely proof of claim will receive payments each month. To ensure that all funds received in your case are being paid according to your plan, the trustee's office conducts audits and prepares reports periodically.
During your Chapter 13 case, the trustee may request copies of your tax returns to verify ongoing income. If your income increases significantly during your Chapter 13 case, the trustee could request an increase in your plan payments. This is done to ensure that your plan remains feasible and that all creditors are paid back according to the terms of your plan.
The Chapter 13 trustee monitors your case for feasibility throughout the process. If a large claim is filed, the trustee may determine that the confirmed plan doesn't work. In this case, they will notify you and your bankruptcy lawyer that an amended plan is necessary. If you fail to address the situation to the satisfaction of the Chapter 13 trustee and the court, your Chapter 13 case may be dismissed.
Final Audit and Closing of the Case
When you finish paying off your Chapter 13 repayment plan, the Chapter 13 trustee conducts a final audit of your case to ensure that all funds were distributed according to the plan. This audit is essential to ensure that every penny received during your case is accounted for, and the audit must balance to zero.
Once the audit is complete, the Chapter 13 trustee files necessary documents with the bankruptcy court to confirm that you have made all payments and your case is ready to be discharged. However, the audit process may take several weeks to complete, and your Chapter 13 case may not be discharged and closed until a few months after your final payment.
It's important to note that this process may seem lengthy, but it's necessary to ensure that your case is handled correctly. Once your Chapter 13 case is discharged, you'll be able to move forward with a fresh financial start and a clean slate.
Would you Like to Learn More About Chapter 13 Bankruptcy?
If you're considering filing for Chapter 13 bankruptcy, we can help you with that too. Our Chapter 13 calculator helps you estimate a Chapter 13 plan payment to see if it's right for you. If it is, we can refer you to a bankruptcy attorney near you for more information on how to proceed. You can always call or text us at (310) 307-5134 for a free consultation.
Still not sure if Chapter 13 bankruptcy is the right debt-relief option for you? Check out our bankruptcy decisioning portal, there you can learn more about bankruptcy and other debt-relief options that can help you get out of debt faster, cheaper, and easier.
Our goal is to help you get out of debt and achieve financial freedom. We hope our tools and resources can help you on your journey to a debt-free life.