How does the trustee handle my debts in a Chapter 7 Bankruptcy?
In Idaho, a Chapter 7 bankruptcy is a liquidation bankruptcy, meaning that the trustee in charge will collect and sell any nonexempt assets of the debtor in order to pay back creditors. The trustee will first evaluate a debtor’s assets and will sell those that are not exempt under Idaho state law. Any proceeds from the sale of these assets will then be distributed among the creditors according to priority. The trustee will also review the debtor’s debts and will make sure they are discharged in accordance with the law. Generally, unsecured debts such as credit cards, medical bills and personal loans are discharged, meaning that they are erased and the debtor no longer has to pay them. However, there are some exceptions, and the trustee will ensure that any debts not covered by the bankruptcy are not discharged. After reviewing the debtor’s assets and debts, the trustee will then distribute any funds to creditors. The trustee also has the authority to challenge any transfers of assets or payments of debts that occurred prior to the bankruptcy filing if they appear to be fraudulent. Finally, the trustee is tasked with ensuring that the debtor complies with all of the requirements of the bankruptcy, such as providing documents, attending meetings and making timely payments. The trustee will also investigate any allegations of fraud or other misconduct and may make recommendations to the court in cases of non-compliance.
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