.

Trustee's Duties

investigate the finances of debtor;

check proofs of claim and object to allowance of improper claims;

oppose discharge if advisable;

provide information to parties;

make a final report.

Trustee's avoidance powers:

Debtor:

move to convert;

change of venue;

to dismiss;

use cash collateral;

sell, use or lease property.

May avoid judicial lien on exempt property (but not for alimony, support).

May avoid non-possessory, non-purchase money security interest on household goods, personal goods.

Trustee: move objecting to confirmation of the plan.

Creditors: may file a complaint.

Different jurisdictions differ on the avoidance powers of a debtor riding on those of the trustee.

 

The Plan: Some jurisdictions (Oregon) have a Standard Form:

Payments: Start 30 days after the plan is filed, begin making payments to trustee. The plan is capable of modification before termination:

Hearing on Confirmation: To be confirmed, the debtor must comply with requirements, and the plan must be proposed in good faith.

Secured Creditors:

may agree to accept the plan,

OR the plan may call for surrender the property to the creditor,

OR cram it down, that is, the court will approve the plan over the objection of the creditors.

Modification after Confirmation.
Revocation of Confirmation
Discharge, Revocation of Discharge