For most people the experience of filing bankruptcy is an experience well outside of their comfort zone. Aside from the social and financial issues associated with bankruptcy a big part of this discomfort comes from being involved in a process that is completely foreign to most. In light of that I thought it would be helpful to make a list of the typical players in a consumer bankruptcy case.
Debtor: This is the term used for the person who is filing for bankruptcy.
Creditor: This is the term used for anyone that the Debtor owes money to.
Trustee: Every consumer bankruptcy case that is filed is assigned a trustee. The trustees are appointed through the U.S. Trustee Program which is part of the Department of Justice. There are different trustees for chapter 7 bankruptcy cases and chapter 13 bankruptcy cases. The trustee’s job is to review the documents you submit to the court, conduct a meeting where you will be asked questions about your bankruptcy filing, and liquidate any non-exempt assets you may have (in a chapter 7 bankruptcy case) and collect and distribute funds to your creditors in a chapter 13 bankruptcy case. The trustee is not the judge and cannot give you legal advice.
Bankruptcy Judge: Every bankruptcy case is also assigned a bankruptcy judge. Bankruptcy judges are federal judges. In the typical consumer bankruptcy case you will not be required to go before the judge, and frankly, your judge will likely never even know he/she has your case. In the event of a legal dispute, it will be the judge who will make a decision.
In more complex cases there can be other actors in the process, however in most cases these are the main people, other than your attorney, that you will be working with.
I offer a free bankrutpcy consultation where we can discuss your specific situation. I can be reached at (480) 648-8975.