Bankruptcy Trustees
If you live in Chicago and file a chapter 13 bankruptcy, the trustee appointed to your case is either going to be Marilyn Marshall or Tom Vaughn. Although each trustee follows the same bankruptcy laws and processes, each has a different standard or structure when it comes to confirming cases. In general, cases are more likely to be confirmed if you have trustee Vaughn. This is because the trustee is a little more forgiving when it comes to making amendments. The trustee understands that the debtor and the debtor’s attorney are doing everything they can to get a case confirmed. The debtor wants to start repaying his creditors. The attorney wants to get the case confirmed so that the debtor’s payment arrangement can be approved by the court so that creditors will abide by the repayment plan.
Confirming Cases
Trustee Marshall’s office is a little more difficult when it comes to confirmations. The trustee’s attorneys will scrutinize the documents in greater detail than other trustees. They will be more likely to continue the date for a confirmation hearing once or even twice or more before either recommending or not recommending the case before the judge. This does cause a hardship on the debtor. The debtor is aware of the original confirmation date and instead of the case being in a position to be confirmed by the trustee, it is often met with a trustee’s motion to dismiss. This is not to say that the case will be dismissed. It simply means that the trustee is requiring certain documents or amendments or proof and without such proof or amendments the case will eventually be dismissed.
Random Assignments
When you live in Chicago, you do not have a choice as to which chapter 13 trustee you get. The clerk of the United States bankruptcy court will assign the chapter 13 trustee at random and by a computerized program. Thus, as a bankruptcy attorney, if I file four Chapter 13 cases in a row, I have no way of knowing which trustee is going to be assigned for a particular case until it’s filed. For this reason, it’s just the luck of the draw. Now we can handle the case with trustee Marshall and get it confirmed just the same as other trustees. It simply will be a more difficult process and a less friendly atmosphere for the debtor. As a chapter 13 bankruptcy attorney in Chicago, I want to make the experience as pleasant as possible for my bankruptcy clients. It’s hard to go through chapter 13 if you’re the debtor. It’s tough to comply with all the requirements that have to be met to get a case confirmable. It’s really hard to make those monthly payments whether you’re making them directly or even if they are coming out of your pay. It affects your life not only financially, but mentally. For this reason, I like to see my clients have an easier time with the trustee rather than a hard time.
Benefit to Filing Chapter 13
If you’re trying to save your home that’s in foreclosure, if you’re trying to reorganize an auto payment that you just can’t afford, if you’re trying to repay non-dischargeable debt such as parking tickets, then chapter 13 is a good option for you. Chapter 13 will allow you to repay either all or a portion of your debt over a three to five-year period. This gives you some breathing room to make payment arrangements and keep the creditors at bay. Without filing chapter 13, creditors would be free to take collection actions against you such as garnishments, bank citations, suspending your driver’s license, and holding you in contempt of court for failure to show up or failure to pay or turnover property. For these reasons, you should want an experienced, Chicago bankruptcy attorney working hard on your behalf. Since 1991, I have been that type of attorney. I have seen all of the changes that have happened over that 23 years. I have seen judges come and go. I have seen both chapter 7 and chapter 13 trustees come and go. I have seen United States trustees move into private practice and new trustees fill the void. I have seen my share of wonderful decisions and I have seen a handful of really poor decisions. The attorney that you select to assist you, represent you and guide you through the bankruptcy process is the most important decision you are going to make in your bankruptcy case other than the decision to actually file. So if you are thinking of filing or if you have filed on your own bankruptcy case and need help, reach out to my office at 847-520-8100. We have offices throughout Chicago and all the surrounding counties of Chicago. Help is just a phone call or a click away.
