Is My Bankruptcy Trustee Entitled to My Upcoming Financial Windfall?

When you file for chapter 7 bankruptcy in New Jersey, your bankruptcy case will be assigned to a trustee. The bankruptcy trustee works independent of both your bankruptcy attorney and the NJ bankruptcy court. The trustee’s job is that of bankruptcy case “inspector,” if you will. Their duties are essentially: to review all paperwork, hold the 341 hearing (also called the Meeting of Creditors), liquidate any of your assets that are not exempt, and to prevent bankruptcy fraud from occurring.

Many people wonder how bankruptcy trustees get paid. After all, who would want to take on the intense responsibilities associated with the job if it were an unpaid position?

How does a bankruptcy trustee get paid?

Filing fees

Every bankruptcy petitioner must pay a filing fee to the court system. Your NJ bankruptcy trustee will receive $60 of that fee. That doesn’t sound like much money, does it? Keep reading to learn more.

Commission

Bankruptcy trustees are motivated to find as many assets to liquidate as possible in every bankruptcy case because they receive a percentage of all of the collected assets that are paid to your creditors. They’ll make:

  • 25% of the first $5,000 they collect and disburse to your creditors
  • 10% of the next $45,000
  • 5% of the $950,000 after that, and
  • 3% of any assets collected and disbursed that total over $1,000,000

Costs

If your bankruptcy trustee incurs costs relating to your case, they can request reimbursement for those costs via the NJ court system. You will be notified if this happens, but you will not pay them directly. They will be reimbursed from any money that is freed up in your estate, but for this to happen, it must be approved by the court first.

Financial windfalls

After you file for chapter 7 bankruptcy, let’s assume that you come into some money. This could be due to an inheritance, lawsuit or repayment of a personal debt, etc. You may wonder if you’ll be able to keep this financial windfall or if your trustee will have access to it first in order to pay off your debts.

When you filed for bankruptcy, you essentially handed over your estate (all of your assets and debts) to the trustee. It is the trustee’s duty to lawfully pay back as much of your debt as possible. Therefore, any financial settlements or inheritance monies received while your bankruptcy case is active must be paid to the trustee. There are exemptions, of course, and you should always check with your bankruptcy attorney to ensure that you have the correct and up-to-date information.

If you are interested in reading more about the ‘windfall provision’ section of bankruptcy code 541, you can do so here. Section 541 of the bankruptcy code will also help you can find out exactly which property and assets will be included in your bankruptcy estate.

As always, remember that even if you are entitled to receive a financial windfall during your chapter 7 bankruptcy case, you will almost certainly never receive it in full. This is because once you have filed for chapter 7 in New Jersey, anything outside of the income you earn at your job will be subject to disbursement to your creditors, your trustee’s commission, and your attorney’s fees.

Have a specific question about a NJ chapter 7 bankruptcy case? Call or write us today! We are happy to consult for one half hour with a new client free of charge.

 

 

Image: “bling bling” by Frankie Leon – licensed under CC by 2.0