Trustee in bankruptcy

Bankruptcy in the United States
Bankruptcy in the United States
Authority · History U.S. Trustee Court · BAP Code · FRBP
Chapters
Chapter 7 · Chapter 9 · Chapter 11 · Chapter 12 · Chapter 13 · Chapter 15
Aspects of bankruptcy law
Automatic stay · Discharge Bankruptcy trustee · Claim Means test · DIP
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A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate.

United States

In the United States, a Trustee in Bankruptcy is a person who is appointed by the United States Department of Justice or by the creditors involved in a bankruptcy case.

In a Chapter 7 Bankruptcy ("Liquidation") the trustee gathers the debtor’s non-exempt property, managing the funds from the sale of those assets, and then paying expenses and distributing the balance to the owed creditors.

In a Chapter 13 Bankruptcy ("Reorganization") the trustee is responsible for receiving the debtor’s monthly payments and distributing those funds proportionally to the debtor's creditors. The Bankruptcy Trustee will act on behalf of the debtor to guarantee that both the creditors’ and the debtor’s interests are maintained in accordance with the bankruptcy laws, and will often be required to act as a negotiator between the two parties.

Canada

See: Bankruptcy in Canada

In Canada, a trustee in bankruptcy is an individual or a corporation licensed by the official superintendent to hold in trust and, subsequently, to distribute bankrupt’s property among the creditors in accordance with the distribution scheme under the Bankruptcy and Insolvency Act (BIA). The bankrupt and all other persons holding bankrupt’s property must transfer the property to trustee. The trustee may also assist individual in preparing and submitting a consumer proposal to creditors. The trustee must arrange mandatory counselling of the bankrupt. The trustee must follow the procedures under the BIA, call creditors meetings and send the parties required notices of proceedings and documents. The trustee is responsible for preparation of pre-discharge report and may oppose the bankrupt’s discharge.

See also

• Receiver (legal)

External links

United States

• National Association of Bankruptcy Trustees
• DOJ U.S. Trustee Program

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