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Bankruptcy

Chapter 7 bankruptcy—changing trustee

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 New Hampshire, as in other states, when a Chapter 7 bankruptcy case is filed, the United States Bankruptcy Trustee appoints an interim trustee to manage the case initially. This interim trustee may become the permanent trustee if the creditors do not choose to elect a different trustee during the Section 341(a) meeting of creditors. The trustee's role is to administer the bankruptcy estate, liquidate non-exempt assets, and distribute the proceeds to creditors. Debtors typically do not have the option to request a different trustee unless there is a substantial conflict of interest, such as a prior relationship with the trustee that could affect the impartial administration of the estate. Such conflicts are rare, and the bankruptcy court must recognize and approve the disqualification of a trustee based on a conflict of interest.

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Bankruptcy

Chapter 7 bankruptcy—changing trustee

Individual & Family Legal Plan

Articles

New-Hampshire State Code

Bankruptcy

Chapter 7 bankruptcy—changing trustee

New-Hampshire State Code

Articles