The Role of the Mississippi Bankruptcy Trustee
Mississippi bankruptcy trustees are central to managing cases filed under Chapters 7 and 13. To understand how the system works, it is crucial to recognize the difference between the appointed bankruptcy trustee who administers the individual case and the Office of the U.S. Trustee (UST), which oversees the bankruptcy process.
By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).
The Mississippi Bankruptcy Trustee
The Mississippi Bankruptcy Trustee is a private individual appointed to oversee your bankruptcy case. Their responsibilities vary depending on the chapter filed:
- In Chapter 7, they review your petition and financial disclosures, conduct the 341 Meeting of Creditors, and manage the liquidation of non-exempt assets.
- In Chapter 13, they also administer your repayment plan, collecting and distributing payments to creditors.
Office of the U.S. Trustee (UST)
Unlike individual case trustees, the United States Trustee (UST) operates as a federal agency within the Department of Justice. It functions as a nationwide oversight authority, monitoring private trustees to ensure adherence to bankruptcy laws. In addition to its supervisory role, the UST investigates and prosecutes bankruptcy fraud.
The 341 Meeting of Creditors and the Role of the Trustee
The trustee’s role is to protect the bankruptcy estate. This involves reviewing your financial disclosures and identifying any non-exempt assets (assets not protected under your state’s bankruptcy law). If such assets are found, the trustee may liquidate them to repay your creditors.
It’s important to understand that the trustee does not act as your personal representative. Only your bankruptcy attorney serves as your legal advocate, protecting your interests throughout the process. Keep this distinction in mind if you are self-represensted and are interacting with the trustee’s office or the U.S. Trustee’s Office.
In Chapter 13 cases, the trustee primarily serves as a financial administrator, collecting your monthly plan payments and distributing them to creditors according to the court-approved repayment schedule. The standing trustee is also involved in litigating motions, whether filed by a creditor or debtor.
The trustee can examine your financial history for signs of fraud or improper transactions, such as preferential payments to family members made shortly before filing. If misconduct is suspected, the trustee may initiate legal action to recover assets to protect the bankruptcy estate. In serious cases, they may refer the matter to the U.S. Trustee for potential criminal prosecution.
A Summary of the Trustee’s Duties by Chapter
| Bankruptcy Chapter | Trustee Duties |
| Chapter 7 (Liquidation) | Oversight and Liquidation: Review the petition and conduct the 341 Meeting. Locate and liquidate non-exempt assets. Distribute proceeds to creditors. |
| Chapter 13 (Reorganization) | Plan Oversight and Payment Processing: Performs Chapter 7 duties (petition review, 341 meeting). Administers the Repayment Plan by collecting and distributing monthly payments. Monitors the debtor’s compliance over the plan term. |
Below is the list of Chapter 7 and Chapter 13 trustees in the state of Mississippi.
Trustees for the Northern District (Chapter 7)
| Trustee Name | Mailing Address | Phone Number | |
| William L. Fava | P. O. Box 783, Southaven, MS 38671 -0783 | (662) 536-1116 | wfava@favafirm.com |
| Miranda Linton Williford | 613 Childs Street, Corinth, MS 38834 | (662) 286-9796 | mirandalintonwilliford@gmail.com |
Southern District- Chapter 7
| Trustee Name | Mailing Address | Phone & Email Contact |
| Derek A. Henderson | 1765-A Lelia Drive, Suite 103, Jackson, MS 39216 | P: (601) 948-3167 E: derek@derekhendersonlaw.com |
| G. Adam Sanford | 1 Stonegate Drive, Suite B, Brandon, MS 39042 | P: (601) 924-5961 E: trustee@mcraneymcraney.com |
| Eileen N. Shaffer | P.O. Box 1177, Jackson, MS 39215-1177 | P: (601) 969-3006 E: eshaffer@eshaffer-law.com |
| J. Stephen Smith | 1052 Highland Colony Pkwy, Suite 100, Ridgeland, MS 39157 | P: (601) 605-0722 F: (601) 605-0733 E: ssmith@hrkcpa.com |
| Zachary Wessler | 1806 23rd Avenue, Suite A, Gulfport, MS 39501 | P: (228) 207-0496 E:chapter7trustee@wesslerlawgroup.com |
Below are the Chapter 13 trustees for the Northern District
| Trustee Name | Mailing Address | Phone & Email Contact |
| Locke D. Barkley | 6360 I-55 North, Suite 140, Jackson, MS 39211 | P: (601) 355-6661 E: lbarkley@barkley13.com |
| Todd S. Johns | P.O. Box 1326, Brandon, MS 39043 | P: (601) 825-7663 E:tjohns@shrevech13.com |
Chapter 13 Trustees for the Southern District
| Trustee Name | Mailing Address | Phone & Email Contact |
| Harold J. Barkley, Jr. | P.O. Box 4476, Jackson, MS 39296 -4476 | P: (601) 362-6161E: hjb@hbarkley13.com |
| Warren A. Cuntz, Jr. | P.O. Box 3749, Gulfport, MS 39505 | P: (228) 831-9531 E: wcuntz@gport13.com |
| Torri Parker Martin | 200 North Congress Street, Suite 400, Jackson, MS 39201 | P: (601) 981-9100 E: trustee@TPMartinCH13.com |
| David C. Rawlings | P.O. Box 566, Hattiesburg, MS 39403 | P: (601) 582-5011 E: drawlings@rawlings13.net |
Chapter 13 Standing Trustees: Southern District of Mississippi
| Trustee Name | Contact and Address Details |
| Harold J. Barkley, Jr. | P.O. Box: 4476, Jackson, MS 39296-4476 Phone: (601) 362-6161 Fax: (601) 362-3341 Email: hjb@hbarkley13.com |
| Warren A. Cuntz, Jr. | P.O. Box: 3749, Gulfport, MS 39505 Physical: 15487 Oak Lane #2001, Gulfport, MS 39503 Phone: (228) 831-9531 Fax: (228) 831-9902 Email: wcuntz@gport13.com |
| Torri Parker Martin | 200 North Congress Street, Suite 400, Jackson, MS 39201 Phone: (601) 981-9100 Email: trustee@TPMartinCH13.com |
| David C. Rawlings | P.O. Box: 566, Hattiesburg, MS 39403 Physical: 1210 West Pine Street, Hattiesburg, MS 39403 Phone: (601) 582-5011 Fax: (601) 584-9451 Email: drawlings@rawlings13.net |
Additional information on the Mississippi bankruptcy court system can be found via the following links: Northern District and Southern District.
The Professor’s Take: Understanding the role of Mississippi bankruptcy trustees is essential for completing your case successfully. Whether you’re filing under Chapter 7 or Chapter 13, knowing who oversees your case and how they operate can help you prepare for key steps like the 341 Meeting.
Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.
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.
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.
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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.