What Authority Do Bankruptcy Trustees and Judges Have?
A Chapter 7 trustee is appointed by the United States Trustee Program to oversee each bankruptcy case. A trustee is usually a private attorney or accountant who is appointed to look at the bankruptcy paperwork, tax returns, and make sure the paperwork is filed truthfully and correctly. They also administer assets that can’t be protected, meaning they sell assets and then distribute that money among the bankruptcy creditors.
Bankruptcy judges oversee the trustees and make all of the legal decisions in a case.
Under What Circumstance Would a Debtor Need To Appear In Court Before A Judge?
A debtor almost never needs to show up in court for a Chapter 7 bankruptcy. They would need to appear at one administrative hearing, called the First Meeting of Creditors, and usually that hearing is in front of the trustee. It will usually last less than 5 minutes if the case had been prepared correctly.
