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SUBCHAPTER I—OFFICERS AND ADMINISTRATION

·  § 701. Interim trustee            (Not listed)

·  § 702. Election of trustee       (Not listed)

·  § 703. Successor trustee        (Not listed)

·  § 704. Duties of trustee 

·  § 705. Creditors’ committee     (Not Listed)

·  § 706. Conversion

·  § 707. Dismissal of a case or conversion to a case under chapter 11 or 13

§ 704. Duties of trustee

 (a) The trustee shall—

(1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as expeditiously as is compatible with the best interests of parties in interest;

(2) be accountable for all property received;

(3) ensure that the debtor shall perform his intention as specified in section 521 (2)(B) of this title;

(4) investigate the financial affairs of the debtor;

(5) if a purpose would be served, examine proofs of claims and object to the allowance of any claim that is improper;

(6) if advisable, oppose the discharge of the debtor;

(7) unless the court orders otherwise, furnish such information concerning the estate and the estate’s administration as is requested by a party in interest;

(8) if the business of the debtor is authorized to be operated, file with the court, with the United States trustee, and with any governmental unit charged with responsibility for collection or determination of any tax arising out of such operation, periodic reports and summaries of the operation of such business, including a statement of receipts and disbursements, and such other information as the United States trustee or the court requires;

(9) make a final report and file a final account of the administration of the estate with the court and with the United States trustee;

(10) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c);

(11) if, at the time of the commencement of the case, the debtor (or any entity designated by the debtor) served as the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan, continue to perform the obligations required of the administrator; and

(12) use all reasonable and best efforts to transfer patients from a health care business that is in the process of being closed to an appropriate health care business that—

(A) is in the vicinity of the health care business that is closing;

(B) provides the patient with services that are substantially similar to those provided by the health care business that is in the process of being closed; and

(C) maintains a reasonable quality of care.

(b)

(1) With respect to a debtor who is an individual in a case under this chapter—

(A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707 (b); and

(B) not later than 5 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors.

(2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707 (b) or file a statement setting forth the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor’s case should be presumed to be an abuse under section 707 (b) and the product of the debtor’s current monthly income, multiplied by 12 is not less than—

(A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; or

(B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals.

(c)

(1) In a case described in subsection (a)(10) to which subsection (a)(10) applies, the trustee shall—

(A)

(i) provide written notice to the holder of the claim described in subsection (a)(10) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title;

(ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency; and

(iii) include in the notice provided under clause (i) an explanation of the rights of such holder to payment of such claim under this chapter;

(B)

(i) provide written notice to such State child support enforcement agency of such claim; and

(ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and

(C) at such time as the debtor is granted a discharge under section 727, provide written notice to such holder and to such State child support enforcement agency of—

(i) the granting of the discharge;

(ii) the last recent known address of the debtor;

(iii) the last recent known name and address of the debtor’s employer; and

(iv) the name of each creditor that holds a claim that—

(I) is not discharged under paragraph (2), (4), or (14A) of section 523 (a); or

(II) was reaffirmed by the debtor under section 524 (c).

(2)

(A) The holder of a claim described in subsection (a)(10) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

(B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making such disclosure.

This communication is an “Advertisement” as defined by the California Rules of Professional Conduct and California Business and Professions Code. No communication herein shall create an attorney-client relationship unless a separate retainer agreement is signed by an attorney and client. This material is for informational purposes only and not intended to provide legal counsel or legal advice to you.

The Bankruptcy and Family Law office of David A Casey is located at 365 Broadway, Suite 203, El Cajon CA, 92021. The Law Office of David A. Casey represents individuals and business seeking Bankruptcy relief, living trust and other family law matters.

Need Your Individual Bankruptcy Questions Answered? Call A Bankruptcy Lawyer Today Call Attorney David Casey at  619 447-6780 Free Chapter 7 and Chapter 13 Bankruptcy Consultation. We are a debt relief agency. We help people file for relief under the Bankruptcy Code. What debts may be discharged? Answer: Credit Cards, Medical Bills, Some Judgments, Repossession Debt, ISF Checks, Eviction or Broken Lease Debt, Past Due Utilities, Some Taxes, Personal Loans, Late fees. This is only a partial list. Most contracts can be discharged. I will review each item with you that are dischargeable under Chapter 7.  Which debts can not be discharged? Answer: Student Loans, Alimony (Spousal Support), Child Support, most charges within 90 days of filing bankruptcy, failure to neither list nor schedule a creditor and have that creditor notified of the bankruptcy filing. Judgments for death or personal injury caused by the the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or drugs, a drug or another substance or Malicious Conduct, Debt incurred under False Pretenses, (example: you get a loan knowing you are filing for bankruptcy or getting a loan based on a false income statement), some taxes (income taxes less than 3 years due and owing and trust fund taxes).   I want to keep my home. Can I keep my home if I file Chapter 7 Bankruptcy? Answer: Yes, if you are current with your mortgage payments and your real property taxes assessed against your home. If you are not current with those creditors, you will probably need to file under Chapter 13 unless we can work out an agreement with them.  The good news is that most banks don't want your home back like they did years ago. Many of them are willing to work with you or even reduce the interest or amount owed. Will I lose my car if I file Chapter 7 Bankruptcy? Answer: Not if you are current with your car payments and intend to continue making payments until the car note is paid in full. Whether or not you are current with your car payments, you may want to file Chapter 13 in order to modify your car loan, or to pay the arrearages and continue making future car payments.  Most cases you can keep your car depending on the net value. I don't want to lose what I have. Will I lose any of my Personal Property in Chapter 7? Answer: No, with a few important exceptions. Finance companies including credit card lenders, sometimes have a security interest in various items of personal property. This should be listed on a schedule as collateral when the loan was disbursed. It is then you will be required to make payments on the loan or you could lose the items you have pledged (i.e., boat, some type of art collection, household goods, TV's, VCR's) personal property. Please keep in mind that the fair market value of most collateral is generally considerably less than the balance of the loan. If this is true you may want to consider filing Chapter 13 in order to modify the loan amount and to lower monthly payments. One exception are money-purchase liens, i.e., liens on the purchase of personal property such as seller financing on TV's, stereo, furniture and computers. You may either continue with your monthly payments on such items, return them, or file for a Chapter 13 to pay any arrearages or to modify the financing and lower the monthly payment. Chapter 13 at times offer some benefit that Chapter 7 doesn't.  Also for some debtors it may be beneficial to file a Chapter 13 and convert it to a Chapter 7 in order to safe guard certain personal property or real property. My creditors call me all the time. Will they stop calling me after I file? Answer: YES!!!!! As soon as you file your petition, the automatic stay will legally protect you. The automatic stay will prevent your creditors from calling or writing you.  However you must have listed the debts as required. If the debt is listed they can NOT continue to call or contact you.  That why it is so important to list all of your debts that are required by law!   What is it going to Does it Cost for Me to File? Answer: The filing fee for Chapter 7 is $299.00 and this is required up front by the Court, regardless of your legal fees. This amount can not be paid by credit card, or check. You will be required to pay my office for the filling fee in cash or you can get a money order in that amount. As for the amount of your legal fees and payment arrangements for paying my fees this is  based on the complexity of your case. Reasonable payment plans are available through my office. Will I Lose My Retirement Plan? Answer: Probably not, to the extent that a stock bonus, pension, profit sharing, annuity, or similar plan is reasonably necessary for the support of the debtor and any dependent of the debtor.  Most people end up keeping their retirement plan intact. Will I Lose the Cash Value of My Insurance Policies? Answer: No! Unless there is something very unusual about it.  Again it is important to list everything you have as an asset as much as it is to list your debts.   Over the past couple of years bankruptcy filings in the United States have increased nearly thirty percent and there are more filing for relief every day.  Despite changes to bankruptcy laws, bankruptcy still remains a useful  tool for preserving assets while eliminating bad debts. Our Bankruptcy clients understand that just like trusts or other estate planning tools, bankruptcy is a legal right that is available to help you.  Bankruptcy may be the most powerful way to protect your family’s financial health and to STOP CREDITORS harassment of you and your family.  Too many lives and marriages are hurt due to unresolved financial matters.  We want to help you and your family to eliminate overwhelming financial stress and get you that fresh start you need in order to flourish and to enjoy life again. Depending on your situation a Chapter 7 or Chapter 13 may bring the relief you have been seeking. Let the Bankruptcy laws work for you! Stop Creditor's calls immediately by filing Bankruptcy. David Casey, Attorney   365 Broadway, Suite 203  El Cajon, California CALL  (619) 447-6780  Delay or Stop Foreclosures!    Call today for a Free Phone Consultation. No matter if your needs are simple or very complex,  my office is here to assist you.  From my experience of helping others getting out of debt and the positive benefit of the use of bankruptcy, it can be a useful way to get you back on the road to financial recovery.  Contact other attorneys to find one that you are the most comfortable with.   Don't just retain an attorney on fees.  Check what you are getting.  Don't just be another number.   This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I  represent you. Any documents prepared via the internet are considered in Pro Per.  I highly recommend that you retain an attorney due to the complexity of the laws surrounding Bankruptcy so you can get the full protection under the Bankruptcy law. Looking for a Bankruptcy without having to go downtown San Diego?  My office is located next to two major freeways in El Cajon. I'm only minutes away from  La Mesa, Lemon Grove, Lakeside, Alpine California, Rancho San Diego, Santee, Spring Valley, Chula Vista. My office also has a on-site notary public  when needed.

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