There are quite a few parties to a bankruptcy case. If you are thinking about filing or in an active bankruptcy, you may be wondering which name belongs to which individual.
You are the bankruptcy debtor. Very consistently, you will be referred to as the debtor in your 341 hearing, in the case documents, and throughout the case. Most other parties (besides your attorney) to the case will typically call you the debtor.
The creditors are the parties you owe money to. This could be a relative, friend, credit card or unsecured loans, utility company, secured lenders (like mortgages or vehicles), etc. Creditors will receive notice of your filing and can receive documents about your case throughout if they are a party in interest to the document. Creditors can attend the 341 hearing, although most do not.
The trustee is who oversees your case. They are essentially the middleman between you and your creditors. They administer your case and conduct your 341 hearing. Besides your 341 hearing, you may not have many other direct interactions with the trustee. They will mostly deal with your attorney.
Bankruptcy Judge, the Judge is different than the trustee. The trustee is just another attorney appointed to your case, as trustee. The bankruptcy Judge is a federal Judge in the district of Minnesota. Most Chapter 7 and Chapter 13 bankruptcy debtors never meet the Judge assigned to their case. In an average chapter 7 and most chapter 13 cases, the Judge is behind the scenes overseeing the case.
Your attorney will be with you throughout the bankruptcy case process, if you have questions about a specific party to your case, they can answer it.
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