The Individuals in Your Bankruptcy

Posted by Charles Nguyen on May 2, 2022 at 7:30 AM

shutterstock_1854710590When you decide to file bankruptcy there are other individuals and terms that are used when describing the process and your case.  Here are a few different parties you’ll come across during your bankruptcy.

Debtor(s):  This is you.  You have debt and you are seeking bankruptcy protection to remove your liability from these debts.  Only you and your spouse, should they decide to file as well, are the only debtors in your case.


Your Attorney: If you choose to hire an attorney, they will represent you in your bankruptcy.  They inform you on how your case may look before filing the case, and also help and advise you on any issue they may see in your case.

Trustee:  Your trustee is an individual who reviews and investigates your bankruptcy petition and schedules.  They are supervised by the courts and the United States Trustee Program, which is a part of the Department of Justice. They make sure fraudulent activity is not involved and that if there are any assets available, to liquidate those assets and pay back your creditors.  In a chapter 13 bankruptcy, a trustee is responsible for overseeing your repayment plan.  

Creditors: These are the individuals or entities you owe money to.  They receive notice of your bankruptcy filing and cannot try to contact you or collect any debt while your bankruptcy is active.  If you have any assets that will be liquidated or file a chapter 13, then they may receive some amount back, but they must file a proof of claim.

Judge:  Every bankruptcy case is assigned a judge to oversee it.  If there are disputes between the trustee or a creditor and your case, then a judge will make a determination to settle any dispute.


There may be other parties involved or different terms, and if you’re thinking of filing for bankruptcy, and or if you have questions or are ready to get your life back, reach out to Minnesota’s nicest bankruptcy law firm by going to  You won’t regret it!


Topics: Creditors, bankruptcy trustee, judge

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