Instead of a bankruptcy judge, when you file bankruptcy you will first deal with the local bankruptcy trustee who will oversee your 341 meeting. Bankruptcy trustees are appointed by the United State Trustee office, which is considered the “watchdog” of the bankruptcy system.

Bankruptcy trustees oversee each case that is filed with their local bankruptcy court. They will review your bankruptcy petition, attend your 341 meeting and ask you any questions.

Chapter 7 Trustee

If you file a ch 7 bankruptcy, the trustee will determine if there are assets to liquidate that are not covered under the bankruptcy exemptions, and decide if you are entitled to a bankruptcy discharge. The bankruptcy trustee is paid out of your filing fees plus a portion of the bankruptcy estate, if there are no assets to liquidate, the trustee earns $60 per case.

Chapter 13 Trustee

If you are filing a ch 13 bankruptcy, the trustee will approve or modify your payment plan, and then disperse your payments to each of your creditors. The bankruptcy trustee earns a percentage of the amount you pay in your payment plan each month, which is determined by United States Trustee office based on the trustees expenses.