The Role of the Appointed Trustee in the Bankruptcy Process Guiding You Through the Legal Process

The Role of the Appointed Trustee in the Bankruptcy Process

Interviewer: Who is the appointed trustee and how does that person get selected?

Michael Golub: It depends upon the case and it probably depends upon your jurisdiction in Florida. In the Middle District in the Orlando Division, there is one trustee, her name is Laurie Weatherford and she basically handles all of the chapter 13 cases in the Orlando Division. For chapter 7 cases, there are about 12 different trustees. If you’re in a 13, it’s only going to be sent to one person and if you’re in a 7, basically the court’s office then assigns the case to one of those 12 trustees. It’s just pretty much a random assignment.

People Typically Try To File A Chapter 7 But Will Do A Chapter 13 If It’s Inevitable

Interviewer: What sort of person would prefer chapter 13 bankruptcy or chapter 7? What sort of financial standing should they have at the current time?

Michael Golub: Normally, people try to do a 7 if you can because it’s a lot easier and it’s less expensive and you’re in and out of it in a few months. A chapter 13, you’re only going to really do if you have to. One of the main things we do on a chapter 13 is if a person is behind on a mortgage, we’ll file a chapter 13 to save them from losing their house or just save them from getting their car repossessed or something of that nature. In other words, if they’re $20,000 behind on their mortgage and they don’t have that amount to get it caught up but they can afford to make payments on it, then they’re going to file a chapter 13. One of the other things that we can do is, we can also do mortgage modifications in those cases as well. In it, basically we do a motion and it gets referred to mediation and then, basically we negotiate with the bank and try to modify the mortgage or try to get a lower payment if we can.

If Creditors Take Any Steps To Collect After A Bankruptcy Has Been Filed, They Can Be Sanctioned By Court

Interviewer: How does chapter 13 protect a debtor? Could I still be sued for all my wages garnished while the plan is in effect?

Michael Golub: It’s same way that any form of bankruptcy does. The automatic stay goes into effect from the bankruptcy court and it doesn’t matter what chapter you’re filing, as soon as we file the case, that goes into effect and all of that stuff has to stop. They cannot take any measures to try to collect on those debts. If they do, then they can be sanctioned by the federal court.

To speak with a lawyer about bankruptcy trustees,email or call attorney Michael E. Golub at (352) 290-2877 in Tavares today. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.


Former Clients Share Their Stories
  • “Mr. Golub showed great discernment in the situation and knew exactly what he needed to do for the well-being of his client.”

    - Lynda
  • “He was so aggressive and got our story of what had truly happened heard and they were ordered to return him immediately. I was extremely impressed at the way he fought for us.”

    - Former Client
  • “Mr.Golub took what was a seemingly impossible overwhelming situation and pushed the easy button. His prices were more than fair for the amount of headache I didn't have. Thank you Mike Golub.”

    - Carmen S.
  • “Michael and his team did a great job with my bankruptcy! They are very knowledgeable about the process and supported me through out it. He is even well known and respected by the court system.”

    - Jim
  • “We appreciate Mr. Golub so much. He helped us get our child right back when DCF wrongly took him. He went out of his way to meet with the Judge with us on Saturday Morning. We would recommend him to anyone and we greatly appreciate him and his staff.”

    - James

Contact The Law Office of Michael E. Golub, P.A.

Get the Compassionate Legal Advocacy You Deserve

Get started with a free 30-minute consultation.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.