Who is the United States Trustee Anyway?

The United States Bankruptcy Court assigns a trustee to every bankruptcy case that is filed in the United States. His or her job is to administer the case for the bankruptcy court. But who oversees the trustees?

The United States Trustee Program was created to do just  that. It is a branch of the Department of Justice, and it oversees trustees in all states except Alabama and North Carolina.

Why Should I Care About the US Trustee?

The US Trustee is divided into many districts. Each has Assistant United States Trustees that are assigned to oversee the divisions in each state. There are also attorneys that work for the US Trustee within these districts.

But what makes the US Trustee important to your case?

The US Trustee reviews bankruptcy cases to look for common problems. For example, they will review all of your documents to ensure you qualify for the appropriate chapter of bankruptcy. Any other discrepancy in your case will raise a red flag with the US Trustee. If they find one, your local bankruptcy trustee and your attorney will be notified.

If the US Trustee finds a discrepancy in your case that it considers abuse, it will file a motion to dismiss your case. Once this occurs, it is difficult to save your case from total dismissal. Even an innocent oversight can rise to the level of abuse. This is why it is so critical to hire an experienced bankruptcy attorney to file your case. He or she will know what items to double and triple check prior to filing your case, to ensure the US Trustee will have no issues with your bankruptcy filing