Law Office of Rick Morin, PC

Unlike what you see on TV, in bankruptcy court you rarely meet your judge. Instead the court assigns your case to a “trustee” for administration. Trustees usually have previous experience with bankruptcy court and come from backgrounds in law or accounting. The role of the Sacramento Bankruptcy Trustees is to remain impartial and to ensure that you are playing by the rules.

The bankruptcy trustee assigned to your case will spend most of their time reviewing your bankruptcy paperwork and other required documents. After I file your bankruptcy case, I am required to submit certain financial statements to the trustee. These are things like bank statements, tax returns, and pay stubs. Some trustees in Sacramento require additional documentation, and we comply with each trustee’s specific requests in every case.

In addition to reviewing your documentation, your trustee will also administer your bankruptcy “Meeting of Creditors.” This is an informal court hearing where the trustee will ask you questions about your case. The goal of the trustee at the Meeting of Creditors is to: 1) ensure that you are being truthful with the court; and 2) discover whether there are any assets that could be recovered for the benefit of your creditors.

In fact, the trustee’s most important duty is to evaluate your property and assets. If they find any hidden or assets or “non-exempt” property it is their obligation to tell the court – and your creditors. In the rare case that non-exempt assets are discovered, the bankruptcy court could require you to turn over those assets to the Bankruptcy Trustee. Keep in mind that this happens very rarely. My office evaluates every bankruptcy case carefully for non-exempt assets to ensure that there are no surprises.

Even though they are not judges, bankruptcy trustees have considerable power in a bankruptcy case. The trustees in Sacramento have considerable experience and know their jobs very well. It is best to be proactive and disclose everything to your attorney before filing bankruptcy to avoid issues down the road.

If your looking to file bankruptcy in Sacramento and have questions about filing or your situation, please call our office at (916) 333-2222.