Is change of bankruptcy trustee possible? 22 Answers as of December 02, 2013

What if I don’t like the trustee assigned to my bankruptcy case can I ask for another trustee to switch trustees?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
The US Trustee office only changes trustees if there is a conflict of interest or other ethical problem. Not just because you don't like yours.
Answer Applies to: Missouri
Replied: 12/2/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can change trustees if you have a legitimate conflict of interest with them. An example would be if the trustee represented one of your creditors or represented your ex spouse against you. You can also change trustees if you convert to another bankruptcy chapter. But ordinarily, you have to suck it up with your current trustee.
Answer Applies to: Nevada
Replied: 12/2/2013
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
The Courts frown upon "trustee shopping" thus your chances of changing trustees are virtually non-existent.
Answer Applies to: Connecticut
Replied: 12/2/2013
The Law Offices of Andrew D. Myers
The Law Offices of Andrew D. Myers | Andrew Myers
Not liking the trustee is not relevant. Trustees are appointed by the U.S. Trustee to do a job. You might not like the fact that the trustee is doing that job, or has to do the job, but the trustee has a duty to complete the job. If you have a bankruptcy attorney, discuss the issues with your attorney. If you do not have a bankruptcy attorney, consult with one ASAP while the case is still open in order to explore options for any issues that have arisen in your bankruptcy filing.
Answer Applies to: Massachusetts
Replied: 12/2/2013
Law Office of Shawn N. Wright | Shawn N. Wright
I have never heard of changing a bankruptcy trustee. Why would you even ask this question or feel the need to switch?
Answer Applies to: Pennsylvania
Replied: 12/2/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    No, you cannot request a change in Trustee unless you have a prior personal relationship with the Trustee and there is a potential conflict of interest.
    Answer Applies to: Oregon
    Replied: 11/27/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. It is not your choice who gets your case.
    Answer Applies to: Alabama
    Replied: 11/27/2013
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Only if there is a conflict of interest.
    Answer Applies to: Florida
    Replied: 11/27/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    The trustee is assigned to your case and you have no say in who it is.
    Answer Applies to: Colorado
    Replied: 11/27/2013
    Porter Law Network | Karen Porter
    That is a very good question. However, you do not get to select the trustee. The trustee is selected by the procedures established by the US Trustee and the court. Since you do not employ the trustee, you cannot discharge the trustee and select a new one. The trustee answers to the court and the US Trustee. Therefore, the court would not consider the fact the you were unhappy with the trustee a reason to replace the trustee. I hope this information sheds some light on the issue for you.
    Answer Applies to: Illinois
    Replied: 11/27/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    Only if you can show some sort of bias or misconduct.
    Answer Applies to: California
    Replied: 11/27/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally only creditors can request a different trustee. Debtors have to have a darn good reason to be able to switch to keep them from "trustee Shopping," and not liking them is not a good enough reason. Sorry!
    Answer Applies to: Michigan
    Replied: 11/27/2013
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    No. Just because you don't like your bankruptcy trustee, does not mean that you can ask for a different one.
    Answer Applies to: Texas
    Replied: 11/27/2013
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    I suppose if you could point to a specific bias. For example, if the trustee is your enemy's attorney or brother. However, a trustee with such relationship would have to reject the assignment. So, most likely, you cannot replace your trustee nor have I ever seen it done by a debtor. Creditors, on the other hand, can vote a different person to be the trustee.
    Answer Applies to: California
    Replied: 11/27/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Unless the trustee has some inherent conflict of interest, no . . .
    Answer Applies to: Massachusetts
    Replied: 11/27/2013
    Scott Goldstein | Scott Goldstein
    Unless the trustee is breaking the law, no.
    Answer Applies to: New Jersey
    Replied: 11/27/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney