A bankruptcy trustee is a person or entity who is independent of the bankruptcy court and is appointed to oversee your bankruptcy case. A bankruptcy trustee is appointed in most every case—except in Chapter 11 reorganizations and Chapter 9 municipality cases. The bankruptcy trustee is responsible for reviewing your bankruptcy forms, investigating and verifying your financial information, and making sure your bankruptcy filing is not fraudulent.
In New Hampshire, as in other states, a bankruptcy trustee is an independent party appointed to manage the bankruptcy process for individuals or businesses filing for bankruptcy under Chapter 7 or Chapter 13. The role of the trustee is to review the debtor's bankruptcy forms, verify financial information, and ensure the bankruptcy filing is legitimate and free of fraud. The trustee also oversees the liquidation of the debtor's non-exempt assets in a Chapter 7 case and the implementation of a repayment plan in a Chapter 13 case. Trustees are not typically appointed in Chapter 11 reorganization cases, which are usually managed by the debtor as a 'debtor in possession,' or in Chapter 9 municipal bankruptcy cases. The appointment of trustees and their duties are governed by federal bankruptcy law, as the bankruptcy process is under federal jurisdiction, but local New Hampshire rules and trustees operate within this federal framework.