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The Role of a Trustee in California Bankruptcy Cases

The Role of a Trustee in California Bankruptcy Cases | Bankruptcy Law CenterMost people have a vague understanding of what a bankruptcy is. For example, most people know that filing for bankruptcy means talking with an attorney, filling out paperwork, and going to court to have a judge review the file and discharge debts, while liquidating some assets. But that is where the common understanding of bankruptcy cases ends.

In fact, bankruptcy proceedings are quite complex, with several different players and the application of many different federal rules, regulations, and laws. One of the important players in every bankruptcy action is a trustee. The trustee is a quasi-judicial officer who oversees the bulk of the bankruptcy process, particularly when there are a lot of assets to be dealt with.

Trustee Jobs in Bankruptcy

The history of bankruptcy trustees goes back to the 1800s in our country when the federal government passed its first bankruptcy laws. Then, a trustee was a bankruptcy commissioner who was in charge of collecting, liquidating, and distributing the debtor’s property to creditors according to the rules and regulations of the times.

Today, trustees perform the same functions as the bankruptcy commissioners of yesteryear. Once a person files for bankruptcy, a trustee is appointed to be the legal owner of the debtor’s property and handles that property depending on the type of bankruptcy being handled, and distributes what remains to creditors according to established rules.

The trustee in a bankruptcy case wields a great deal of authority over the entire proceeding. For example, if she disagrees with how the debtor wants to protect his property, she can object and ask the judge to make a ruling in the case. A trustee can issue summons and conduct official inquiries about where property is, its nature, and make recommendations about how the entire case should be resolved.

Job of a Bankruptcy Attorney

Most trustees do their job well, and a lot of cases do not devolve into a dispute between the trustee and debtor. When that does occur, it is important to have the right California bankruptcy attorney representing you and your interests. There are many scenarios under California and federal law in which the assets of a debtor can be protected through bankruptcy, including assets like a home, car, or retirement account.

When these types of disputes arise, the resolution will depend on the application of federal laws, and argument before the bankruptcy judge. In our adversarial system of justice, opposing views are presented to a neutral decider, like a judge, and a ruling is made. This is what happens in bankruptcy cases. So, when it comes to filing for and proceeding with a bankruptcy in California, it is important to have the right legal team by your side, representing your interests, and ensuring that you get the best outcome available to you under the circumstances.

California Bankruptcy Law Center

As you contemplate whether bankruptcy is the right choice for you, consider contacting us. At the Bankruptcy Law Center we have the important experience, knowledge, and understanding your case requires, and we look forward to helping you with your situation. Contact us today.

(image courtesy of Joshua Ness)

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Roger C.

I reached out to BLC to help assist with a chapter 7 business bankruptcy and they provided excellent guidance, advice, and support through the entire process. In my case an adversarial action was filed by one of the creditors and attorney Ahren Tiller and his staff provided sound ...arguments which prevailed. Couldn’t have found a more experienced and supportive team to represent me in a tricky situation. I would highly recommend them to anyone making the difficult but sometime necessary decision to find financial relief. Read more
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Like many others before and during the pandemic, life happenings caused me to be in a financial situation to warrant bankruptcy. The BLC was super professional all the way through the entire process. Right after I paid for my Bankruptcy, I got sick and had to have surgery and recovery. Then we ...were in full Pandemic mode. They were gracious to delay my filing until I was recovered and ready to file. I could not ask for more. The process was over all quick and painless for a simple Bankruptcy like mine. I feel a weight has been lifted and I can rebuild. Thank you for all your arduous work and patience, Gabriel, Ahren, and their teams are knowledgeable and efficient. Read more
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I can’t say enough of how much this bankruptcy law firm helped me with my financial situation. They were all so helpful, efficient and made the difficult time and process as quick and easy as possible. I would recommend them to anyone I know and am glad to give my public recommendation as well. T...hey truly deserve a five star plus rating. Read more
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I am very happy with my experience with BLC. Bankruptcy is not something anyone wants to go through, however everyone at BLC made my experience pleasant and easy. The process was explained thoroughly and I had an easy time reaching out and connecting with my attorney. Anika Renaud-Kim was my attorney ...and she was nothing short of amazing! She was very patient and generous with her time. Ms. Renaud-Kim definitely made me feel at ease and comfortable through the entire process. Read more
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When searching for information I had called a few different firms and received consults. BLC was the only one who didn’t shy away and provided answers and information during the consult. Once I agreed to move forward, they were supportive, informative, and eased my anxiety through the whole process.... I can’t recommend them enough. Read more
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