Assume somebody owes you money, but the person cannot pay you back. Worse,
the person ends up declaring bankruptcy.
Under the law, you have the right to get paid and a bankruptcy trustee
will try to get you your money. The trustee would find out how much money
you are owed and make sure you get as much of it as possible, as quickly as
possible.
Bankruptcy trustees also spring into action when businesses fail. They
may sell them off to recover money for creditors. Or they may arrange for
businesses to stay open until they can be sold or restructured. Generally,
it depends on the kind of bankruptcy that has been declared.
The Federal Bankruptcy Codes identifies four different cases of bankruptcy.
- Chapter 7 -- liquidation of assets
- Chapter 11 -- reorganization of assets
- Chapter 12 -- family farm reorganization
- Chapter 13 -- repayment
Chapter 7 bankruptcies are the most common.
Since there are four different kinds of bankruptcies, there are four different
kinds of bankruptcy trustees. Chapter 7 bankruptcy trustees handle Chapter
7 bankruptcies, Chapter 11 bankruptcy trustees handle Chapter 11 bankruptcies,
and so on.
The U.S. Trustees Office appoints trustees who handle Chapter 7, 12 and
13 bankruptcies.
Courts, not the U.S. Trustees Office, appoint Chapter 11 trustees.
All Chapter 7, 12 and 13 trustees must undergo a background check -- either
by the FBI or the Office of Personnel Management.
Thomas Miller is a lawyer and bankruptcy trustee. He says people in the
field need to be trustworthy. "A trustee handles a great amount of money,"
he says.
Bankruptcy trustees must also post bond. The bond is necessary in case
debtors fail to meet their obligations.
Most bankruptcy trustees are lawyers. Some handle nothing but bankruptcies.
Others do the trustee work as part of a general bankruptcy law practice.