Working With the Bankruptcy Trustee

 

Filing for Chapter 7 bankruptcy means that you'll be dealing with a "bankruptcy trustee" who will be assigned to handle your case. The trustee's job is to gather all non-exempt property you own into the "bankruptcy estate" to determine what (if anything) can be sold and the proceeds distributed to your unsecured creditors. In most cases, there's nothing left — "no-asset" cases make up more than 90% of consumer chapter 7 cases — but the trustee will be looking.

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When you file for bankruptcy, a “Trustee” is appointed to your case.

It’s essential to understand the role of the trustee and who they “work” for.

Although the court appoints the trustee, the trustee’s job is to get as much property as possible to be sold and the proceeds distributed equitably to your unsecured creditors, according to “priority” rules — determining who gets paid first — under federal and state law.

Almost all of your dealings with the bankruptcy court will be with the trustee assigned to your administering your case, not the bankruptcy judge.

The bankruptcy judge is only there to rule on disputed legal issues and issue your “discharge” order — the piece of paper that officially cancels your debts upon completing a successful filing — which is the ultimate goal of bankruptcy.

What does the Trustee do in a Chapter 7 case?

Bankruptcy Code § 323 states that the trustee is the representative of the “bankruptcy estate” with the capacity to sue and be sued.

The Bankruptcy Code defines the trustee’s duties and obligations:

  • Section 704 defines the statutory duties of the trustee in a Chapter 7 bankruptcy case, and, under § 704, the primary task of the trustee is toreduce to money the property of the estate for which such trustee serves” that is: to “liquidate” the assets and distribute the proceeds to your creditors. (Note this the job in Chapter 7 (“liquidation”) bankruptcy is different than it is in Chapter 13 (“pay over five years”) bankruptcy. 
  • Other relevant duties include ensuring that the debtor performs their intention (regarding secured debts) as specified in § 521(a)(2)(B) (See debtor’s “statement of intention” as provided in Form ____),
  • investigate the financial affairs of the debtor (see, “What is a 341 meeting?”),
  • and “if advisable, oppose the discharge of the debtor.” (see “What kinds of debts can be discharged in bankruptcy?” and “Things that might make your bankruptcy case fail.")

How Are Trustees Paid?

Bankruptcy Code § 326 says that a trustee’s compensation is based upon a percentage of the property of the estate the trustee administers. As a result, a trustee has a financial incentive to maximize the property of the estate. Consequently, discussions or disputes with a Chapter 7 trustee will primarily focus on what is property of the estate.

How Trustees Can Increase the size of the “Bankruptcy Estate.”

The whole point of bankruptcy is ensuring everyone gets their rightful share of the “pie” when there’s not enough pie. Or, to put it a more legal way: to provide an orderly distribution of available assets (“the pie”) to all creditors based on the priority outlined in federal bankruptcy law. 

The trustee’s job is to make that “pie” as large as legally possible. What follows is a list of ways they can try to do that.

Undoing “Preferential Transfers” That You Made Before Filing

One tool the trustee has is the authority to undo any “preferential transfers.” That is, any money or property you transferred to someone else just before (generally up to 180 days before) filing bankruptcy.

Under this power, the trustee will be very interested in undoing any recent repayments of debts you made to your relatives or friends just before you filed for bankruptcy, as these are called a “preference.”

The trustee can reverse these transactions (i.e., claw the money back) and reclaim it for the “bankruptcy estate” because, by repaying these people before just going bankrupt, you have “preferred” some people you owe money to over others -- and bankruptcy does not allow this, because bankruptcy law has strict rules about who gets priority when it comes to claiming any available assets you may have.

Wiping out invalid liens on your property to increase equity to be distributed to creditors

Suppose you own a house with a second mortgage or have several liens on your property. In that case, the trustee may look to “void” some of those liens if doing so will increase your home equity to the point that it is no longer fully protected by applicable homestead exemption laws. 

Who Are the Trustees for Maryland District Bankruptcy Court?

To find the contact information for trustees in your state who handle Chapter 7 cases:

Click here for a list of Chapter 7 trustees for Maryland from the US Department of Justice.

Once you bring up this list, find the Maryland trustees for the Maryland District Bankruptcy Court.

MARYLAND

 

Note: The individuals listed are private parties, not government employees.

 

Monique D. Almy
1001 Pennsylvania Ave. NW
Washington, DC 20004
E-mail: malmy@crowell.com
Phone: (202) 624-2935
Fax: (202) 628-5116

 

Marc H. Baer
455 Main Street
Reisterstown, MD 21136
E-mail: mbaer@waldmangrossfeld.com
Phone: (443) 712-2529
Fax: (443) 712-2538

 

Merrill Cohen
P. O. Box 53
Harbeson, DE 19951
E-mail: merrillc@cohenbaldinger.com
Phone: (302) 200-9271

 

Morgan W. Fisher
18 West St.
Annapolis, MD 21401

P.O. Box 706
Annapolis, MD 21404
E-mail: mwf@morganfisherlaw.com
Phone: (410) 626-6111

 

Charles R. Goldstein
111 S. Calvert Street, Suite 1400
Baltimore, MD 21202
E-mail: cgoldstein@3cubed-as.com
Phone: (410) 783-6385
Fax: (410) 783-6363

 

Steven H. Greenfeld
2600 Tower Oaks Blvd., Suite 290
Rockville, MD 20852
E-mail: steveng@cohenbaldinger.com
Phone: (301) 881-8300

 

Zvi Guttman
P.O. Box 32308
Baltimore, MD 21282
E-mail: Zvi@ZviGuttman.com
Phone: (410) 580-0500
Fax: (410) 580-0700

 

Patricia B. Jefferson
100 Light Street
Baltimore, MD 21202 -1153
E-mail: pjefferson@milesstockbridge.com
Phone: (410) 385-3406

 

Craig B. Leavers
P.O. Box 306
Cockeysville, MD 21030
E-mail: craig@leaverslaw.com
Phone: (443) 318-4526

 

Laura J. Margulies
1680 East Gude Drive, Suite 200
Rockville, MD 20850
E-mail: trustee@law-margulies.com
Phone: (301) 483-9800

 

Janet M. Nesse
6411 Ivy Lane, Suite 200
Greenbelt, MD 20770
E-mail: jnesse@mhlawyers.com
Phone: (301) 441-2420

 

Cheryl E. Rose
9812 Falls Road,#114-334
Potomac, MD 20854 -3963
E-mail: trusteerose@aol.com
Phone: (301) 527-7789
Fax: (301) 527-1233

 

Gary A. Rosen
One Church Street, Suite #800
Rockville, MD 20850
E-mail: trusteerosen@gmail.com
Phone: (301) 251-0202

 

Roger Schlossberg
18421 Henson Boulevard, Suite 201
Hagerstown, MD 21742
E-mail: trustee@schlosslaw.com
Phone: (301) 739-8610

 

Michael G. Wolff
15245 Shady Grove Road
Suite 465-N
Rockville, MD 20850
E-mail: mwolff@wolawgroup.com
Phone: (301) 250-7232

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Jurisdictional relevance: US

Legal Consumer - Upper Marlboro, MDLaw. The content of this article pertains to all US states and counties.