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GUIDE TO TRUSTEES' POWERS & DUTIES
IN CONSUMER BANKRUPTCY CASES
Available on thumb-drive or DVD only
Multiple case citations
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
Collect available assets for the estate
Avoid fraudulent transfers
Avoid recent transfers
Objection to compensation
Objection to exemptions
Objections to claims
Solvent v. insolvent estates
X. FIDUCIARY DUTY
XII. IMMUNITY & LIABILITY