When Did the Chapter 13 Trustee Become the Domestic Court Magistrate? How a Simple Agreed Entry Can Avoid That Role

By Keith Rucinski, Chapter 13 Trustee

State domestic law issues are by far the largest segment of state law which interacts with federal bankruptcy law. It is that intersection that Chapter 13 Trustees often find themselves in while conducting 341 meetings and administering the case.

“Wait a minute!” you say. The Chapter 13 plan requires the Trustee to collect the debtor’s monthly payments and then distribute the funds to creditors as ordered by the bankruptcy court. Why should the Trustee be involved in the state domestic relations case?

Under the Bankruptcy Abuse Prevention and Consumer Protection Act . . .

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