I have questions regard to court appointed trustee duties

Asked 6 months ago - Los Angeles, CA

If a creditor request a copy of debtors proof of claim or to ask the trustee for help to locate the document in court files
Is trustee duty to provide copy or help creditors to find that document?
Second question do trustee must keep the recorded on file even after case was close ? If yes for how long?

Attorney answers (3)

  1. Christine James

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . It is unclear if you are asking as a trustee of a living trust or a debtor/creditor. If you are sued and compelled through discovery, you must provide the documentation. If you want to avoid litigation altogether and you have the information, if it helps you, provide it. If you are unsure what to do, hire an attorney.

  2. Richard Glenn Elie

    Contributor Level 19

    2

    Lawyers agree

    Answered . This sounds like a bankruptcy question.

    A creditor is the person who is owed money. The debtor is the person who owes money.

    The trustee has no obligation to provide documents to anyone outside of core litigation inside the bankruptcy case.

    The trustee does not keep recorded information on file. The clerk of court does.

    Records in a standard bankruptcy case are kept on line for a few years. After that they are archived. Paper files are archived in a regional warehouse.

    This is a public forum. Any questions or answers published here should not be construed as the giving or receiving... more
  3. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Go to clerk's office and look through the court file.

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