What is the role of the trustee in Chapter 13 Bankruptcy?
In South Carolina, the role of the trustee in Chapter 13 Bankruptcy proceedings is to serve as an independent third-party administrator of the debtor’s repayment plan. The trustee is a representative of the court and is responsible for collecting payments from the debtor and making them to creditors in accordance with the debtor’s repayment plan. The trustee is responsible for holding all funds received from the debtor in a separate account and distributing the funds in accordance with the repayment plan. The trustee also reviews the repayment plan to make sure it meets the requirements of the Bankruptcy Code and evaluates any proposed modifications to the plan. The trustee is also responsible for monitoring the debtor’s compliance with the repayment plan and ensuring that all creditors receive their payments in full. The trustee also reviews the debtor’s financial records and provides a progress report to the court regarding the debtor’s progress in meeting their obligations. The trustee may also file objections to the debtor’s proposed repayment plan or any modifications to it. The trustee also assists the court in making sure the debtor completes all required financial management and credit counseling courses. In addition, the trustee serves as a resource to the debtor by providing guidance and advice on how to manage their finances during and after the bankruptcy process.
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