Understanding Massachusetts Bankruptcy Trustees
The Role of the Massachusetts Bankruptcy Trustee
The Massachusetts bankruptcy trustees are responsible for overseeing cases filed under Chapters 7 and 13 of the Bankruptcy Code. These trustees are private individuals, not employees of the U.S. Trustee Program, a division of the Department of Justice.
It’s easy to get confused by the different roles in the bankruptcy process, so it’s helpful to know the difference between a bankruptcy trustee and the Office of the U.S. Trustee (UST). The bankruptcy trustee is a private individual appointed to your specific case.
They are responsible for a range of duties, including reviewing your bankruptcy petition and financial documents, handling the 341 Meeting of Creditors, and the sale of non-exempt assets in Chapter 7 bankruptcy cases. In Chapter 13 bankruptcy cases, they also handle the payment plan by disbursing payments to creditors.
The Office of the U.S. Trustee, on the other hand, is a government agency within the Department of Justice. It acts as a “watchdog” for the entire bankruptcy system, supervising the work of private bankruptcy trustees to ensure they comply with federal law. The UST also plays a key role in identifying and prosecuting cases of bankruptcy fraud.
The 341 Meeting of Creditors
The bankruptcy trustee is responsible for managing bankruptcy estates, conducting Section 341 Meetings of Creditors, and ensuring compliance with federal procedures. The 341 Meeting is a key part of the trustee’s job. The trustee conducts the 341 Meeting of Creditors, which typically occurs a few weeks after you file. Here, you meet with the trustee and answer questions under oath about your financial situation. Creditors may attend, but they rarely do.
It’s also important to note that bankruptcy trustees don’t represent you; they represent the bankruptcy estate, which includes all of your assets. Their primary role is to protect those assets, scrutinize your financial disclosures, and, if any assets aren’t exempt (i.e., not legally protected), sell them off to repay your creditors (liquidation). Only your bankruptcy attorney represents you and has your best interests in mind.
In Chapter 13, the trustee acts more like a payment processor, collecting your monthly plan payments and distributing them to creditors according to the court-approved schedule.
Trustees are also empowered to investigate any potential fraud or improper financial transactions, such as payments made to a family member shortly before filing. If they suspect foul play, they can take legal action to recover assets and protect the integrity of the bankruptcy estate.
Below is the list of Massachusetts bankruptcy trustees in Chapter 7 and Chapter 13 cases.
Joseph H. Baldiga
1800 West Park Drive, Suite 400
Westborough, MA 01581 -3926
E-mail: jbaldiga@miricklaw.com
Phone: (508) 898-1501
Joseph G. Butler
355 Providence Highway
Westwood, MA 02090
E-mail: JGB@jgbutlerlaw.com
Phone: (781) 636-3638
Fax: (617) 523-8359
Gary W. Cruickshank
10 Post Office Square, Suite 800 South
Boston, MA 02109
E-mail: gwc@cruickshank-law.com
Phone: (617) 330-1960
Fax: (617) 330-1970
Mark G. DeGiacomo
33 Arch Street, 12th Floor
Boston, MA 02110
E-mail: mdegiacomo@harrisbeachmurtha.com
Phone: (617) 457-4000
Fax: (617) 210-7039
John O. Desmond
5 Edgell Road, Suite 30A
Framingham, MA 01701
E-mail: trustee@jdesmond.com
Phone: (508) 879-9638
Fax: (508) 820-0264
Jonathan R. Goldsmith
1350 Main Street, Suite 1505
Springfield, MA 01103
E-mail: jgoldsmith@gkalawfirm.com
Phone: (413) 747-0700
Fax: (413) 781-3780
Donald R. Lassman
P.O. Box 920385
Needham, MA 02492
E-mail: Don@LassmanLaw.com
Phone: (781) 455-8400
Fax: (781) 455-8402
David B. Madoff
124 Washington Street, Suite 202
Foxborough, MA 02035
E-mail: madoff@mandkllp.com
Phone: (508) 543-0040
Fax: (508) 543-0020
Harold B. Murphy
28 State Street, Suite 3101
Boston, MA 02109
E-mail: hmurphy@murphyking.com
Phone: (617) 423-0400
Fax: (617) 423-0498
Gary M. Weiner
1441 Main Street, Suite 610
Springfield, MA 01103
E-mail: gweiner@weinerlegal.com
Phone: (413) 732-6840
Fax: (413) 785-5666
Chapter 13 Trustees
Carolyn A. Bankowski
160 State Street
Boston, MA 02109
E-mail: cbankowski@ch13boston.com
Phone: (617) 723-1313
David Mawhinney
43 Harvard Street
Worcester, MA 01609
E-mail: dmawhinney@ch13worc.com
Phone: (508) 791-3300
Fax: (508) 755-7791
Are you looking for information on the Massachusetts bankruptcy court system? That information can be obtained here, and here for additional states. Additional links are available at the bottom of this page for additional information.
You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.
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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.