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GUIDE TO            TRUSTEES' POWERS & DUTIES

IN CONSUMER BANKRUPTCY CASES

  • 2020 release
  • Available on thumb-drive or DVD only
  • 95 Pages
  • Multiple case citations
  • Indexed
  • Drafted & edited by Morgan King

YOU NEED THIS IMPORTANT ADDITION TO YOUR PRACTICE DESKBOOK LIBRARY!

In most consumer bankruptcy cases everything goes smoothly - The trustee presides at the 341 meeting of creditors, and soon thereafter the discharge is entered and the case is closed with no glitches.

 

The trustee is happy! The client is happy! You are happy!

But, from time to time an issue (or serious problem!) pops up and takes you by surprise! The trustee asks tough questions, or worse, requests that the debtor turn over assets. Or, there is an objection to discharge. Or, a motion to set aside the debtor's gift or other transfer of property, or convert the case.

 

Clients don't like surprises!

 

Be prepared to identify problems that may arise ahead of time so that you can be prepared, and you can advise your client. And, the call from the trustee won't catch you by surprise!

What you don't want to happen is to suddenly have the trustee on the line ... or your client to call up and yell "You were supposed to take care of all this!

The Guide to Trustees' Powers & Duties should be within reach on or near your desk.

                     [subject to change]

I. INTRODUCTION BY MORGAN KING

II. WHAT IS A TRUSTEE?

Appointed by United States Trustee

U.S. Department of Justice Executive Office for United States Trustees

III. ROLL OF THE U.S. TRUSTEE

Legislation authorizing the office of U.S. Trustee

 

IV. THE U.S. TRUSTEE'S MANUAL

  • For Chapter 7

  • For Chapter 13

V. ROLL OF THE BANKRUPTCY TRUSTEE

  • In Chapter 7 cases

  • In Chapter 13 cases

  • In other Chapters

 

VI. ROLL OF TRUSTEE'S ATTORNEY

VII. ROLL OF DEBTOR'S ATTORNEY

VIII. POWERS

 

  • Collect available assets for the estate

  • Avoid fraudulent transfers

  • Avoid recent transfers

  • Objection to compensation

  • Objection to exemptions

  • Objections to claims

IX. DUTIES

Solvent v. insolvent estates

X. FIDUCIARY DUTY

XI. COMPENSATION

 

XII. IMMUNITY & LIABILITY

APPENDIX

© MORGAN D. KING 2016-20 Technical web advisor Douglas Morrison

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