The United States Bankruptcy Trustee appoints an interim trustee upon the filing of a chapter 7 case. Unless the creditors exercise their right to elect a different permanent trustee at the Section 341(a) meeting of creditors, the interim trustee automatically becomes the permanent trustee. Then the permanent trustee serves as trustee until the case is closed.

You generally can not request a different trustee—except in the rare situation in which you have a previous relationship with the trustee that the bankruptcy court would recognize as a disqualifying conflict of interest.

In North Carolina, as in other states, when a Chapter 7 bankruptcy case is filed, the United States Bankruptcy Trustee program, which is part of the Department of Justice, appoints an interim trustee to administer the case. This interim trustee is tasked with managing the debtor's assets and facilitating the bankruptcy process. If the creditors do not elect a different trustee during the Section 341(a) meeting of creditors, which is a mandatory meeting where creditors can question the debtor under oath, the interim trustee becomes the permanent trustee for the duration of the case. It is not common for debtors to have the option to request a different trustee. However, if there is a conflict of interest, such as a prior relationship between the debtor and the trustee that could affect the impartiality of the trustee, the debtor may raise this issue with the bankruptcy court, which has the discretion to determine whether a new trustee should be appointed.