Erie, PA asked in Bankruptcy for Pennsylvania

Q: Do bankruptcy trustees work for the government?

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: There are different kinds of "trustees" in the bankruptcy world. First, there is the U.S. Trustee, one of which is appointed in each federal court district, and that trustee performs several of the "administrative" functions formerly done by the bankruptcy judges. Among those is the assignment of Chapter Trustees to each new Chapter 7 bankruptcy case that is filed. In addition, each federal district has at least one "Standing Ch. 13 Trustee" (the Eastern District of Pennsylvania has two Ch. 13 Trustees, one in Philadelphia and one in Reading). The Ch. 7 and Ch. 13 Trustees have reporting obligations to the U.S. Trustee, who oversees the other Trustees to ensure the integrity of the bankruptcy process.

The U.S. Trustee's office is a political appointment. The Ch. 7 and Ch. 13 trustees are vetted and approved by the federal Administrator of the Courts in Washington, D.C.

The U.S. Trustee can be said to "work for the government". The Ch. 7 and Ch. 13 Trustees are independent of the federal government, and are paid from "commissions" in the cases to which they are assigned.

David Earl Phillips agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.