Title 11: Ch. 13. Sub. 1, Section 1302 (Portion)
(a) If the United States trustee appoints an individual under section 586 (b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case.
(b) The trustee shall:
(1) perform the duties specified in sections 704 (2), 704 (3), 704 (4), 704 (5), 704 (6), 704 (7), and 704 (9) of this title;
(2) appear and be heard at any hearing that concerns:
(A) the value of property subject to a lien;
(B) confirmation of a plan; or
(C) modification of the plan after confirmation;
(3) dispose of, under regulations issued by the Director of the Administrative Office of the United States Courts, moneys received or to be received in a case under chapter XIII of the Bankruptcy Act;
(4) advise, other than on legal matters, and assist the debtor in performance under the plan;
(5) ensure that the debtor commences making timely payments under section 1326 of this title; and
(6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (d).
Explanation: If you are a debtor, and have to file for bankruptcy, then a trustee has to be appointed. The trustee holds property (debtor's estate in this instance), on behalf of beneficiaries, basically the parties who are to receive the property. Think of the trustee like a manager. Trustees have very strict duties and obligations they must follow as noted in the included portion above. For the rest of this section, click on U.S. Code.
Phoenix Personal Injury Attorneys
Phoenix Semi Truck Accident Attorney, Arizona Highway
Abogado Phoenix Arizona Accidentes en sitios de construccion
Title 11: Ch. 13, Sub. 1, Section 1303
Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363 (b), 363 (d), 363 (e), 363 (f), and 363 (l), of this title.
Explanation: If you are an individual debtor in a bankruptcy case, there are certain powers, like the trustee's, that belong to you. If you are interested in this section of the, further research or consultation with an attorney to help define this for you may be useful.
Phoenix Arizona DUI and DWI Defense Lawyer
Title 11: Ch. 13, Sub. 1, Section 1304
(a) A debtor that is self-employed and incurs trade credit in the production of income from such employment is engaged in business.
(b) Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor and, subject to any limitations on a trustee under sections 363 (c) and 364 of this title and to such limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections.
(c) A debtor engaged in business shall perform the duties of the trustee specified in section 704 (8) of this title.
Explanation: If you are self-employed, there is a possibility you are engaged in business. You may have the same limitations and powers as a trustee in business operation.
Phoenix Family Law and Divorce Attorney
Phoenix Auto Accident Attorneys
Phoenix Injury and Accident Lawyers
Title 11: Ch. 13, Sub. 1, Section 1305
(a) A proof of claim may be filed by any entity that holds a claim against the debtor—
(1) for taxes that become payable to a governmental unit while the case is pending; or
(2) that is a consumer debt, that arises after the date of the order for relief under this chapter, and that is for property or services necessary for the debtor’s performance under the plan.
(b) Except as provided in subsection (c) of this section, a claim filed under subsection (a) of this section shall be allowed or disallowed under section 502 of this title, but shall be determined as of the date such claim arises, and shall be allowed under section 502 (a), 502 (b), or 502 (c) of this title, or disallowed under section 502 (d) or 502 (e) of this title, the same as if such claim had arisen before the date of the filing of the petition.
(c) A claim filed under subsection (a)(2) of this section shall be disallowed if the holder of such claim knew or should have known that prior approval by the trustee of the debtor’s incurring the obligation was practicable and was not obtained.
Explanation: In bankruptcy court, there are numerous claims that can be filed. You would likely need the assistance of an attorney or professional in dealing with these.
Phoenix Arizona accidente abogado