§704 Duties of Trustee

Summary

The trustee must collect the estate’s property and turn it into money. The trustee must close the case as quickly as is consistent with the best interests of the people involved. The trustee must keep accurate records of everything received. The trustee must make sure the debtor follows the plan the debtor promised under section 521(a)(2)(B). The trustee must look into the debtor’s finances. When helpful, the trustee should check claims and object to any that are improper. The trustee may oppose the debtor’s discharge if appropriate. Unless the court says otherwise, the trustee must give parties information they ask for. If the debtor’s business keeps running, the trustee must file periodic reports with the court, the United States trustee, and tax officials, showing receipts, payments, and other required details. The trustee must file a final report and account. If there is a domestic support claim, the trustee must give the required notice. If the debtor was an ERISA plan administrator at the case start, the trustee must keep doing those administrator duties. If a health care business is closing, the trustee must try to move patients to nearby providers that offer similar services and quality. For individual debtors, the United States trustee must review filings and, not later than 10 days after the date of the first meeting of creditors, file a statement about whether the case would be presumed abusive under section 707(b). The court must give all creditors a copy not later than 7 days after receiving it. Not later than 30 days after that statement is filed, if the United States trustee thinks the case is presumed abusive and the debtor’s current monthly income times 12 is not less than the state median thresholds listed, the United States trustee must either move to dismiss or convert under section 707(b) or explain why not. When a domestic support claim exists, the trustee must notify the claim holder and the State child support enforcement agency, give the agency contact details for the holder, and, when the debtor gets a discharge under section 727, tell the holder and the agency about the discharge, the debtor’s last known address, last known employer name and address, and which creditors hold nondischargeable or reaffirmed claims under section 523(a)(2), (4), or (14A) or section 524(c). A creditor who gives a debtor’s last known address in response to a proper request will not be liable for making that disclosure.