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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 Wisconsin, as in other states, when a Chapter 7 bankruptcy case is filed, the U.S. 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. During the Section 341(a) meeting of creditors, the creditors have the opportunity to elect a different trustee, but if they do not, the interim trustee becomes the permanent trustee for the duration of the case. It is generally not possible for a debtor to request a change of trustee unless there is a conflict of interest, such as a prior relationship with the trustee, that the bankruptcy court recognizes as substantial enough to disqualify the trustee from the case. This ensures impartiality and fairness in the administration of the debtor's estate.

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Bankruptcy

Chapter 7 bankruptcy—changing trustee

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Wisconsin State Code

Wisconsin State Code

Bankruptcy

Chapter 7 bankruptcy—changing trustee

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