Why the Trustee Is Not on Your Side during a Chapter 13 Bankruptcy

If you will be filing for Chapter 13 bankruptcy, you will be working with a trustee for much longer than if you file for Chapter 7 bankruptcy. The job of the trustee is to protect your creditors, though, and they are not on your side. For this reason, you'll need a Chapter 13 bankruptcy who is there to represent your interests throughout the bankruptcy. 

The Role of the Trustee

A trustee is paid based on the amount of money that is collected during a Chapter 13 case. For this reason, a trustee will try to make sure that the creditors are paid as much as possible. If the trustees do not believe that your Chapter 13 bankruptcy petition should be approved, they might object. 

The trustee will make sure that you make all of the necessary payments. If you fall behind on your payments, the trustee will recommend that your Chapter 13 bankruptcy be dismissed and you will then be forced to pay all your debts.

Only Trust an Attorney for Legal Advice

You will not want to ask the trustee for legal advice because only a Chapter 13 bankruptcy attorney is qualified to do so. The attorney will help you determine if you will qualify for Chapter 13 bankruptcy in the first place. They will make sure that you complete important steps such as participating in a credit counseling course.

You will need to participate in a means test to be qualified for Chapter 13 bankruptcy. This will determine whether your disposable income is high enough to where you will be able to make regular payments to your creditors. If your disposable income is not high enough, you may be better off filing for Chapter 7 bankruptcy.

An Attorney Can Make the Bankruptcy Process Easier

A Chapter 13 bankruptcy attorney will help you fill out and submit all of the paperwork that is necessary for your bankruptcy case to go through. This process can be very time-consuming and it's important that the paperwork is completed properly. Your attorney will also help you gather the evidence necessary to show your income streams and debts. 

Determining whether or not you'll qualify for Chapter 13 can be difficult because you will need to keep track of all your debts. There might be debts you believed were resolved or you have forgotten about. However, once you have accounted for all of your debts, your Chapter 13 bankruptcy petition will be more likely to be approved.

For help during your case, contact a Chapter 13 law firm such as McManus & Associates.