Legal Question in Bankruptcy in California
Trustee in BK 13
3 months ago my friend created a revocable family trust. I was named as a trustee and he and his wife as beneficiaries. Now, because of the financial hardship he wants to file BK13. He wants me to continue being the trustee and be the trustee of the BK trust and administer the process. 2 years ago he's seen how badly the court appointed trustee performed on his sister's BK13 (one heartless soulless person!) completely failing the purpose of the trustee, and that's why he doesn't want any other person to be appointed as a trustee of his BK estate. He trusts only me. I've checked Title 11, Sec 321 for that and it's straight forward. I have all necessary qualifications to server as a trustee, done that on several living family trusts, I'm well-educated, financially responsible, accountable and organized person:
1. Can he, after we purchase the bond, request the court to assign me as a trustee?
2 What we need to file with the court in order for me to be appointed trustee?
3. Will the trust papers suffice to show to the court my relations to them as an acting trustee?
4. Do we need a specific power of attorney?
We'll pay legal consultations if I'm appointed the BK trustee. Tnks.
2 Answers from Attorneys
Re: Trustee in BK 13
I don't know where you reside, but I can tell you that in Southern California you will be assigned one of the "standing" chapter 13 trustees employed by the court. To my knowledge, no debtor has ever been entitled to elect a trustee of his choosing, particularly one where a prior relationship existed. The trustee owes duties to the creditors who would be highly unlikey to consent to such a bizarre arrangement in any event.
Re: Trustee in BK 13
All bankruptcy trustees are employees of the U S Dept of Justice. Your proposal is interesting but unrealistic.
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