In previous posts we have talked about the Chapter 7 Trustee’s Handbook. Here is the first part of the handbook which the overview of the Chapter 7 Trustee program:
“Although this Handbook is not intended to be a complete statutory reference, the trustee’s primary statutory duties are set forth in part in section 704 of the Bankruptcy Code and are detailed more thoroughly in other parts of this Handbook. A chapter 7 trustee must be personally involved in carrying out the trustee’s duties and other fiduciary responsibilities. 28 U.S.C. § 586(a). If the trustee is or becomes unable to be directly involved in the performance of these duties and responsibilities for any time period, the trustee must advise the United States Trustee immediately. 28 U.S.C. § 586(a), 28 C.F.R.§ 58.3(b)”.
This shows that the Chapter 7 Trustee, like Riverside Trustee Helen Frazer, must be personally involved with the case. It is my experience that our Riverside trustees have a “hands on “ approach to their cases. Ms. Frazer, for example, will have a good idea about your case and the issues involved.
If your case is not a typical matter, she will know the facts and will have a good idea what she wants to do in the case.
Practice Pointer: If your client’s case involves unusual circumstances, i suggest you notify the chapter 7 trustee as soon as possible. Once the trustee is assigned, I would send a letter outlining those unusual facts. This will give the trustee a “heads up” and perhaps something can be done before the meeting of creditors. If an asset is to be administered or something else, Trustee Frazer and teh other trustees would appreciate the extra time to get the case moving, rather than waiting 45 days for the meeting of creditors.