Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

What are the statutory duties of the standing chapter 13 trustee?

Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows:

11 U.S.C. § 1302. Trustee

(a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

The NACTT Emeritus Trustees

February 12, 2023

Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...

Members

Money For Nothing

Pam Bassel

April 28, 2024

It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.

Members

Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

October 18, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...

Members

Critical Case Comment – Separate Class Classy Option for Student Loans

Henry E. Hildebrand, III

January 14, 2024

In some instances, this case could be a real game-changer for dealing with student loans. Chapter 13 plan may classify student loans in a separate class!

Members

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

Disclosure of PACER Account Information

The Academy

October 12, 2025

Did you know that people sometimes ask for PACER account information and that you can make such a request? We found this helpful information in the Fall 2025 The Southern Scoop, a newsletter published by the U.S. Bankruptcy Court for the Southern District of Georgia.

Another Defeat of Bifurcated Chapter 7 Fees

The Honorable William Houston Brown

February 11, 2024

Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.

Members

Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

Henry E. Hildebrand, III

March 12, 2023

When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments, § 1325(a)(5)(B) requires the debtor to amend to pay the arrears in equal monthly payments. (Hanan) In re Randell, 638 B.R. 104 (Bankr. E.D. Wis. January 19, 2022) Case Summary Ms. Randell proposed a rather conventional Chapter 13 plan, seeking...

Members

New Judge Appointed

The Academy

June 4, 2023

Honorable Corali Lopez-Castro Appointed Miami’s Newest Bankruptcy Judge

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

Members

Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

Money For Nothing

Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

Critical Case Comment – Separate Class Classy Option for Student Loans

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

Disclosure of PACER Account Information

Another Defeat of Bifurcated Chapter 7 Fees

Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

New Judge Appointed

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: