Brad Weil Law > Blog > 2019 > June

Do Trustees Have Different Duties In Different Bankruptcy Cases?

In general, Trustees have different duties in Chapter 7 vs. Chapter 13 bankruptcy cases. Before we get to those differences, though, let’s cover some basics about Trustees. Bankruptcy trustees are almost always appointed in consumer bankruptcy cases. The trustee will have a variety of obligations and powers depending on the case as well as the circumstances of a particular debtor and their creditors. In addition, the trustee may be an attorney but does not have to be. In fact, many trustees are accountants, which is a plus because their skill set is well suited to handling their duties. While the bankruptcy court appoints the trustee, it is actually the office of the United States trustee —a branch of the Department of Justice — that oversees their performance.