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Newburgh Area Attorneys Discuss the Role of The Chapter 13 Trustee

There is one “Standing Trustee” for the Southern District of New York, who is assigned every Chapter 13 case filed in said district. The duties of said Trustee include those of a Chapter 7 Trustee, with additional duties set forth in Code Section 1302, including:

  • Attend all hearings concerning the (1) valuation of property subject to liens, (2) confirmation of a Chapter 13 Plan, and (3) modification of a Chapter 13 Plan after confirmation.
  • Receive and disburse payments according to the terms of debtor’s Plan.
  • Ensure that the debtor is making the payments required by the Plan.
  • Advise the debtor on non-legal matters, and assist the debtor in the performance of the Plan.
  • Make certain that the debtor is contributing all of his disposable income to the Plan.
  • Where the debtor has made fraudulent transfers or preferential transfers, ensure that the debtor pays the liquidation value of said improper transfers to the bankruptcy estate over the life of the Chapter 13 Plan.