Borrows, No. 10-22788 (Bankr. W.D. Wash., February 18, 2011)

Every bankruptcy case is assigned to a trustee, whose job it is to administer your case. The trustee may challenge almost anything he or she disagrees with, and may be heard on any issue having to do with the bankruptcy. Here, the Bank of America submitted a claim against an individual who had filed bankruptcy. The trustee objected to the bank’s claim, stating that the bank had not given the court the records that were required for a claim. The bank tried to argue that, even if it had made a mistake, the trustee had no right to object, because any claim can be brought in a bankruptcy case unless “a party in interest objects”. The bank said that the trustee was not a party in interest, because he did not stand to win or lose financially in the outcome.

The court said that a trustee’s powers are broad, and that he or she can bring an objection to anything in the case. Even though the language in the bankruptcy laws said “party in interest”, the overall theme of the bankruptcy laws were to grant very broad powers to the trustee.

If you are wondering what possible advantages that you could gain from filing for bankruptcy please consult with a Tucson bankruptcy attorney.

Stephen M. Trezza