Fort Lauderdale Division Bankruptcy Trustees: Roles and Responsibilities

Written By: Attorney Robert Stiberman | Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy Updated March 18, 2023

If you’re filing for bankruptcy in the Fort Lauderdale Division of the U.S. Bankruptcy Court, you’ll likely encounter a bankruptcy trustee. These trustees play a vital role in the bankruptcy process, ensuring that the debtor’s assets are distributed fairly to creditors. Here’s what you need to know about bankruptcy trustees in the Fort Lauderdale Division:

Chapter 7 Trustees

Chapter 7 bankruptcy trustees manage the bankruptcy estate and liquidate non-exempt assets to pay off creditors. In Florida, bankruptcy trustees are appointed by the Office of the United States Trustee, a U.S. Department of Justice division. Here are some of the primary responsibilities of Chapter 7 trustees:

1. Reviewing Bankruptcy Petitions and Schedules

The trustee will review the debtor’s bankruptcy petition and schedules to ensure that all information provided is accurate and complete. They will also examine the debtor’s income, expenses, assets, and liabilities to determine the value of the bankruptcy estate.

2. Conducting the 341 Meeting of Creditors

The trustee will preside over the 341 meeting of creditors, a mandatory meeting shortly after the bankruptcy petition is filed. At this meeting, the debtor will answer questions about their financial situation and assets under oath.

3. Liquidating Assets and Distributing Proceeds to Creditors

If the debtor has non-exempt assets, the trustee will liquidate them and use the proceeds to pay off creditors. The trustee will also review any claims creditors submit to determine their validity.

Chapter 13 Trustees

Chapter 13 bankruptcy trustees oversee the debtor’s repayment plan and ensure that creditors are paid according to the plan’s terms. In Florida, Chapter 13 trustees are also appointed by the Office of the United States Trustee. Robin R. Weiner is the standing Chapter 13 trustee for the Fort Lauderdale Division. Here are some of the primary responsibilities of the Chapter 13 trustee:

1. Reviewing the Repayment Plan and addressing confirmation issues

The trustee will review the debtor’s proposed repayment plan to ensure that it complies with bankruptcy laws and that the debtor can afford to make the payments.

2. Collecting and Distributing Payments to Creditors

The debtor will make monthly payments to the trustee, who will distribute the funds to creditors according to the terms of the repayment plan.

3. Addressing Creditor Objections

If a creditor objects to the repayment plan, the trustee will work with the debtor and the creditor to resolve the issue. The trustee may request a hearing before the bankruptcy court if a resolution cannot be reached.

Conclusion

Bankruptcy trustees play a crucial role in the bankruptcy process, ensuring that creditors are paid fairly and that the debtor’s assets are appropriately distributed. If you’re filing for bankruptcy in the Fort Lauderdale Division, it’s essential to understand the roles and responsibilities of bankruptcy trustees. By working with a knowledgeable bankruptcy attorney, you can confidently navigate the bankruptcy process and achieve a fresh financial start.

Robert Stiberman is a Fort Lauderdale bankruptcy attorney with extensive experience in the Fort Lauderdale Division of the bankruptcy court. He has represented numerous clients in bankruptcy cases and is well-versed in the requirements of the different trustees in the Division. With his knowledge and experience, Robert Stiberman can provide his clients with the guidance and representation they need to navigate bankruptcy successfully.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney with more than 13 years of experience in consumer Chapter 7 and Chapter 13 cases. Robert regularly practices in the Miami, Fort Lauderdale, and West Palm Beach Divisions of th... Read More