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 Mexico, 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, which is a mandatory meeting where debtors are questioned under oath by creditors, the trustee, and the U.S. trustee about their financial affairs. If no election is made by the creditors, the interim trustee automatically assumes the role of the permanent trustee. The trustee's role is to liquidate any non-exempt assets, distribute the proceeds to creditors, and administer the bankruptcy case until its closure. Debtors typically do not 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 if a change of trustee is warranted.