This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you’ve filed for Chapter 13, you’re agreeing to pay part or all of your debts through a court-approved payment plan. These payments usually last between three and five years. But you’re not sending the money directly to your creditors. Instead, you send the money to someone called a Chapter 13 trustee.
The Chapter 13 trustee is a neutral party. Their job is to manage the plan and handle the money. They do not work for you. They also do not work for your creditors. They follow the bankruptcy code and answer to the bankruptcy court.
Fleysher Law Bankruptcy & Debt Attorneys guides you through every part of your case. That includes making sure you understand the trustee’s role. We help you stay on track with your plan payments and avoid mistakes. Our goal is to make sure your case moves forward and your debt relief stays on track.
A Chapter 13 trustee is a person appointed by the court to oversee your case from start to finish. Their job is to make sure the process runs smoothly, that you follow your court-approved repayment plan, and that your creditors receive the money they are legally entitled to. The trustee acts as a neutral party who manages the financial side of your case based on the bankruptcy code and the plan you submit.
The trustee works with your bankruptcy attorney, reviews your documents, and checks whether your plan follows the rules. They will also check your bankruptcy petition, verify your income, and confirm that you’re making payments on time. While the trustee is part of the process, they do not represent you, the creditors, or the court.
Understanding the trustee’s role can help you stay on track and avoid unnecessary delays or complications in your Chapter 13 case.
The Chapter 13 trustee is not a bankruptcy judge and does not work for your bankruptcy lawyer. This person is independent and does not take sides in your case. They are appointed by the bankruptcy court to carry out specific duties under the law, like reviewing your finances and collecting your plan payments.
The trustee cannot give you legal advice, cannot make rulings in your case, and cannot decide how your case ends. Only a bankruptcy judge can do that. The trustee's job is to make sure your bankruptcy petition is complete, accurate, and that your confirmed plan treats all creditors fairly.
If you have legal questions or concerns, only your attorney can guide you. The trustee’s role is to monitor the numbers and manage the payments, not to help you make legal decisions. Knowing this difference matters, especially when problems or changes come up in your case.
In a Chapter 13 bankruptcy, the trustee has several key responsibilities that help move your case forward. The trustee plays an active role in reviewing your paperwork and overseeing your progress during the repayment period. Here are the main duties you should expect them to carry out:
Once you file your bankruptcy petition, the Chapter 13 trustee will review every part of it to make sure it is complete and accurate. This includes your income, expenses, debts, property, and financial history. They will look at your bank statements, pay stubs, and tax returns to confirm that the information you gave is truthful and follows the bankruptcy code.
This process helps the trustee decide whether your repayment plan is fair and realistic. If the trustee finds errors or missing information, they may ask for updates or clarification. Keeping your documents organized from the beginning can make this step go much more smoothly.
Your repayment plan is the foundation of your Chapter 13 case. It shows how you will pay back creditors over the next three to five years. The trustee will carefully evaluate this plan to make sure it meets legal standards and fits your income and budget.
They will compare your plan payments to your income and living expenses to decide if the payments are reasonable and if you can keep up with them. If the trustee agrees with the plan, they may recommend it for court approval. If not, they can object and suggest changes before the bankruptcy judge decides.
Once your plan is approved, the Chapter 13 trustee becomes responsible for collecting the monthly payments from you. These payments are often made through payroll deduction, but can also be made directly, depending on the case.
Your regular payments must be made on time every month for the full term of the plan, which is usually three to five years. These payments go into a fund managed by the trustee. Failing to make timely payments may cause the trustee to file a motion to dismiss your case, especially if the debtor fails to catch up within a set deadline.
After receiving your monthly payments, the trustee’s office is in charge of distributing that money to your creditors. The trustee follows the court-approved plan, which outlines how much each creditor is supposed to get and in what order.
Some creditors, like those with domestic support obligations or secured loans, must be paid first. Others receive what’s left from the remaining funds. The trustee keeps detailed records of all payments and ensures that no creditor gets more than they are allowed under the plan. If any changes are needed, the court must approve them first.
Throughout the life of your Chapter 13 case, the trustee will continue to monitor your progress. This means checking that you are making all required plan payments, staying current on tax filings, and notifying the court of any major changes in income or expenses.
If problems come up, like if a debtor fails to make payments or loses a job, the trustee may ask the court to review the case. The trustee also makes sure you are meeting any other conditions set in the plan. If everything goes well and all payments are made, the trustee will file a final report and your debts will be discharged.
The 341 meeting of creditors is a required step in every Chapter 13 bankruptcy case. This meeting gives the trustee a chance to ask questions and review your financial details. While it is called a "meeting of creditors," the focus is on making sure your bankruptcy petition is accurate. Below are the key responsibilities of the trustee during this meeting.
Many people expect to see a judge at the 341 meeting, but that’s not how it works. The Chapter 13 trustee runs this meeting, not the bankruptcy judge. It’s a less formal setting, usually held in a conference room or office, not in a courtroom.
The trustee will call your case, ask for identification, and explain what the meeting is about. Their goal is to review your financial paperwork and confirm that everything matches what you filed. While it may feel intimidating, this meeting is simply a step in the process. The trustee ensures all documents are correct and that you’re following the rules under the bankruptcy code. They are not there to punish you or make legal rulings, only to check the facts.
During the meeting, the trustee will ask you basic but important questions. You may be asked about your job, how much you earn, your monthly expenses, and any assets you own. These questions help the trustee understand your ability to stick to your confirmed plan.
They may also ask if anything has changed since you filed, such as a raise, job loss, or large purchase. You might be asked to explain your plan for payments or how you valued certain property. All of this helps the trustee decide whether your repayment plan is fair and doable under bankruptcy laws. Answering honestly is key, even if something has changed since filing.
Although this meeting is called a “meeting of creditors,” it’s rare for creditors to attend in Chapter 13 cases. Creditors have the right to come and ask questions, but in most cases, they rely on the documents you filed and the trustee’s review.
If a creditor does show up, they may ask about a specific loan or account. For example, a car lender might ask how you plan to keep up with payments. However, the trustee still runs the meeting, and all questions must be short and related to your case.
If no creditors show up, the meeting usually moves quickly. Most are done in about 10 to 15 minutes. The trustee will still ask their questions, and then the meeting will end. If everything checks out, the trustee may recommend that the court confirm the plan.
Before the trustee asks any questions, you will be placed under oath. This means you are promising to tell the truth, just like you would in a courtroom. Even though there’s no judge present, your answers are taken seriously and are part of the official court record.
If you lie or leave out key information, it could cause major problems in your bankruptcy case. The trustee could ask the court to dismiss your case, or worse, accuse you of bankruptcy fraud. Being honest, even about financial mistakes, is always the best approach.
If you’re unsure how to answer, your bankruptcy attorney can guide you before the meeting. They may also attend with you. Just remember: the trustee is not trying to trick you. They just want to confirm your information and make sure the Chapter 13 plan is fair and accurate.
What Happens if a Debtor Files Incorrect or Incomplete Information?
If a debtor files false or incomplete documents, the Chapter 13 trustee may request more details or even ask the court to review the case. The trustee must be able to evaluate the debtor’s ability to repay under the plan, which depends on honest reporting of the debtor's financial affairs.
Do I Lose All My Property in Chapter 13 Bankruptcy?
No, Chapter 13 is designed to help you retain property while paying your debts over time. As long as your plan meets the legal requirements and the court approves, you can keep your home, car, and other essentials while catching up on missed payments through the plan.
What if the Court Declines to Confirm My Repayment Plan?
If the court declines your plan, you and your attorney can revise and resubmit it. The Chapter 13 trustee will need to review the updated version to ensure it meets the standards of the bankruptcy code, including your fixed budget and ability to make ongoing payments.
Who Attends the Creditors’ Meeting, and Do I Have to Go?
The creditors' meeting (also called the 341 meeting) is a required step in every debtor’s case. You must attend and answer questions under oath. While creditors may attend, they often don’t. Instead, the trustee’s office uses the meeting to confirm the information in your petition and repayment plan.
Are All Trustees the Same Across the Country?
No, there are different standing trustees for each district, and each one manages many cases. Though they follow the same bankruptcy laws, their office procedures may vary. Some trustees represent a region or specific governmental unit, but they all work toward the same goal: collecting plan payments and making sure your confirmed plan binds all parties involved.
If you’re thinking about filing for Chapter 13 or have already started the process, having the right legal guidance can make a big difference in the outcome of your case. At Fleysher Law Bankruptcy & Debt Attorneys, we understand how overwhelming it feels to deal with debts, paperwork, court deadlines, and financial pressure all at once.
Our team is here to help you through each step, from preparing your forms to dealing with the Chapter 13 trustee, attending the creditors' meeting, and making sure your confirmed plan protects your home, income, and future. We’ll also help you understand your rights and obligations, so you feel confident in every decision.
Let’s talk about your options. We offer a free consultation so you can ask questions and find out how Chapter 13 may help you get back on track. Call us today and take that first step toward a better financial future.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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