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Chapter 13
Chapter 13 Administration
Appointment of Chapter 13 Trustee: In regions where many Chapter 13 cases are filed, the United States trustee ordinarily appoints a qualified individual to serve as a standing trustee. Otherwise, the United States trustee appoints a disinterested person as the trustee for a particular case, or the United Stales trustee may serve as the trustee in the case himself.Duties of the Chapter 13 Trustee
The duties of a Chapter 13 trustee include the following:1. To account for all property received.
2. To monitor the bankruptcy debtor's performance of her intentions regarding collateral securing consumer debts (although this duly usually applies only to a Chapter 7 trustee).
3.To investigate the bankruptcy debtor's financial affairs
4.To examine proofs of claims and object to the allowance of any improper ones
If circumstances warrant, to object to the debtor's discharge.
5.To provide information requested by parties in interest about the estate and the administration of the estate.
6.To prepare and file with the court and with the United States trustee a final report and account concerning the case
7.To appear and be heard at any hearing regarding (i) valuation of property on which there is a lien, (ii) confirmation of a Chapter 13 plan, or (iii) post-confirmation modification of a plan
8.To furnish legal advice to the bankruptcy debtor, and to assist the debtor in implementing the plan
9.To ensure that the debtor, begins making the payments proposed by the plan within thirty days after the filing of the plan
10.If the debtor is engaged in business (see below). (a) To investigate the debtor's conduct, financial condition, and business operations, as well as the advisability of continuing the debtor's business and (b) To file a report of the investigation, relating any facts evidencing fraud, dishonesty, incompetence, misconduct, or mismanagement; and
Ordinarily, to disburse the payments to creditors under a confirmed plan.
Use and Sale of Property
In a Chapter 13 case, you the exclusive right to use, sell, or lease property that you own when you filed. Under certain circumstances you might want to surrender or sell unnecessary and unencumbered property to reduce your plan payments to an easily affordable amount. A sale plan allows you to sell luxury property to help pay off your plan. You can also create a plan that allows you to surrender unnecessary secured collateral back to the creditor in full satisfaction of your obligations to that creditor.
Debtor engaged in business
A bankruptcy debtor engaged in business is a self-employed individual who incurs trade credit in producing income from her business, which she is entitled to operate unless the court orders otherwise. Usually, a Chapter 13 debtor engaged in business has, in addition to the rights described in the preceding paragraph, the exclusive right to use, sell, or lease property in the ordinary course of business and to obtain credit. However, these rights are subject to any limitations specified in those sections, as well as to any restrictions or conditions imposed by the court.
Escondido California
Escondido is a city located in northern San Diego County, California just north of the city of San Diego. The name means "hidden" in Spanish-- it occupies a shallow valley ringed by rocky hills. Founded in 1888, it is one of the oldest cities in San Diego County. The city has a mild climate, a diverse economy and a growing population of 140,766, making it the fourth largest city in San Diego County in terms of population.
The Pacific Bankruptcy Center assists the residents of Escondido in filing for relief under the United States bankruptcy code. We are a debt relief agency
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