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However, a trustee cannot withdraw money from a trust on their behalf. It must be done on behalf of the trust. Essentially, this means the investments they make with the funds in a trust must benefit the trust and the beneficiaries. If a trustee uses trust funds for their benefit it is a breach of their fiduciary duty.
The individual or individual and spouse must be engaged in a farming operation or a commercial fishing operation. The total debts (secured and unsecured) must not exceed $11,097,350 (if a family farmer) or $2,268,550 (if a family fisherman).
Are you concerned if your trustee can check your bank accounts? Under the U.S. Bankruptcy Code, a Chapter 13 trustee can review the state of your finances. That would naturally include your bank accounts. However, there's no reason to worry about a trustee having access to your bank accounts.
Eligibility & Limitations of a Trustee Discharge This means that creditors can no longer take legal action against the individual to recover the debts included in the consumer proposal or bankruptcy. It is important to note that not all debts are dischargeable through a consumer proposal or bankruptcy.
If your case is dismissed, you are entitled to a refund of any money that is still in the trustee's possession. However, the trustee has to get approval from the court to send the money back to you, and they are allowed to take their administrative fees out of that money before refunding it.
If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan.
But other people with an interest in the bankruptcy case can also make their opinions known. The bankruptcy trustee assigned to the case and any of the creditors seeking repayment can file objections to the debtor's proposed plan.
No, not indefinitely, but if they are pursuing assets, a Trustee can keep it open as long as necessary. And if the asset in question was not disclosed in the bankruptcy filing, there is no time limit in which the Trustee can seek to reopen the bankruptcy case to administer that asset.