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 West Virginia, 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 oversee the case. This interim trustee is responsible for managing the debtor's assets and distributing the proceeds to creditors. 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 by default. The trustee will then continue to serve until the bankruptcy case is concluded. It is generally not possible for a debtor to request a change of 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 is warranted.