What is the trustee in bankruptcy and what is the role of the trustee in bankruptcy proceedings? What powers and duties does the trustee have and what sorts of transactions the trustee can attack?


The trustee in bankruptcy is the representative of the estate and has the capacity to sue and be sued on behalf of the estate. The role of the trustee in Chapter 7 is to collect, liquidate, and distribute the debtor's estate. He has the following duties and powers: (a) collecting the property of the estate; (b) challenging certain transfers of property of the estate; (c) using, selling, or leasing property of the estate; (d) depositing or investing money of the estate; (e) employing attorneys, accountants, appraisers, or auctioneers; (f) assuming or rejecting any executory contract or unexpired lease of the debtor; (g) objecting to creditors' claims that are improper; and (h) opposing, if advisable, the debtor's discharge. Trustees under Chapters 11 and 13 perform some but not all of the duties of a Chapter 7 trustee.

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