New Jersey Role of a Trustee in Bankruptcy

When you file bankruptcy in New Jersey, the court will appoint a trustee to protect the interests of creditors and ensure that your bankruptcy filing is accurate and truthful. The role of the trustee and his or her amount of involvement in your case depends on the type of bankruptcy you are filing.

At Goldman & Beslow, LLC, our attorneys have more than 44 years of bankruptcy law experience. We are fully familiar with bankruptcy procedure and electronic filing, and we are always available to guide our clients through the process. We offer a free initial consultation to answer your questions. We offer services in three convenient New Jersey locations in East Orange, Jersey City and Paterson.

The Role of the Trustee in a Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy filing, a private attorney will serve as the trustee. You will need to appear before the trustee in a brief hearing. During this hearing, the trustee will look at income, assets and liabilities, and ensure that no asset or creditor is left out. The hearing usually lasts about five minutes. An attorney from our firm will be by your side during this hearing.

In New Jersey, Chapter 7 trustees are chosen from a panel of 40 to 50 attorneys. Some trustees are good and others are not so good from the creditors' point of view. Our lawyers know the trustees and how they treat the debtors' assets. If you have any borderline assets that a trustee may ask you to sell, our lawyers may suggest that you file Chapter 13 bankruptcy instead, so you don't lose an asset you want to keep.

The Role of the Trustee in a Chapter 13 Bankruptcy

The role of the trustee is much greater in a Chapter 13 bankruptcy filing. The trustee in your case will review your debt repayment plan and make a recommendation to the judge as to whether it complies with the law and should be approved. Your trustee will be involved in your case for the entire three- to five-year span of your repayment plan.

Outcomes are more predictable in a Chapter 13 bankruptcy plan because there are only three Chapter 13 trustees in New Jersey.

For More Information About Trustee Duties in Essex County and Throughout New Jersey

Call our experienced bankruptcy lawyers at 973-677-9000 or 888-827-5493 for a free one-half hour consultation about the role of a trustee in a New Jersey bankruptcy. Our lawyers serve Essex, Union, Hudson, Passaic, Bergen, Morris, Middlesex, Sussex and other New Jersey communities.