The Role of the Missouri Bankruptcy Trustee

Missouri bankruptcy trustees are central to handling cases filed under Chapters 7 and 13. To understand how the bankruptcy court 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 entire bankruptcy process.

By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).

The Bankruptcy Trustee

The Bankruptcy Trustee is a private individual appointed to oversee your specific case. Their responsibilities vary depending on the chapter filed:

In Chapter 7 (Liquidation): They review your petition and financial disclosures, conduct the 341 Meeting of Creditors, and manage the liquidation of non-exempt assets to distribute proceeds to creditors.

In Chapter 13 (Reorganization or wage earner’s plan): They administer your plan payments, collecting and distributing monthly payments to creditors. They also perform Chapter 7 duties such as reviewing the petition and conducting the 341 Meeting. The Chapter 13 Trustee is also responsible for the Confirmation Hearing.

Office of the U.S. Trustee (UST)

Unlike individual case trustees, the United States Trustee (UST) is a federal agency within the Department of Justice. The UST’s role is oversight, monitoring private trustees, and investigating and prosecuting bankruptcy fraud.

Key Points: The Role of the Missouri Bankruptcy Trustee

The trustee’s primary role is to protect the bankruptcy estate for the benefit of creditors. This involves:

Reviewing Financial Disclosures: Scrutinizing your schedules to identify any non-exempt assets (assets not protected under Missouri’s bankruptcy exemptions).

The 341 Meeting of Creditors: The debtor must attend this meeting, where the bankruptcy trustee questions them under oath about their financial situation. Generally, creditors do not attend the creditors’ meeting.

If creditors need to question the debtor or continue with fact-finding or obtaining additional documents, they can proceed with what is known as the 2004 Examination. The trustee or any interested party can initiate a 2004 Examination.

Investigative Authority: In both Chapters 7 and 13, the bankruptcy trustee examines the debtor’s financial history for improper transactions, such as preferential payments to family members made shortly before filing.

Professor’s Note: The trustee does not act as your personal legal representative. Only your bankruptcy attorney serves as your legal advocate, protecting your interests throughout the process. Keep this in mind when communicating directly with the trustee.

The Bankruptcy Trustee Duties by Chapter

Bankruptcy ChapterTrustee Duties
Chapter 7 (Liquidation)Oversight and Liquidation: Review the petition, conduct the 341 Meeting, locate and liquidate non-exempt assets, and distribute proceeds to creditors.
Chapter 13 (Reorganization)Plan Oversight and Payment Processing: Performs Chapter 7 review duties and administers the Repayment Plan by collecting and distributing monthly payments according to the court-approved schedule. Monitors debtor compliance over the plan term.

Missouri Bankruptcy Trustees by District

The state of Missouri is divided into two bankruptcy districts: the Eastern District (St. Louis, Cape Girardeau, Hannibal) and the Western District (Kansas City, Joplin, Springfield, St. Joseph, Jefferson City).

Eastern District of Missouri

The Eastern District has a panel of Chapter 7 bankruptcy trustees and one standing Chapter 13 trustee.

Chapter 13 Standing Trustee

Trustee NameMailing AddressPhone Number
Diana S. DaughertyP.O. Box 430908, St. Louis, MO 63143(314) 781-8100
Payment AddressP.O. Box 2112, Memphis, TN 38101-2112

Chapter 7 Panel Trustees

The following attorneys are appointed by the U.S. Trustee Office to serve on the Chapter 7 panel for the Eastern District of Missouri, covering the Northern (Hannibal), Eastern (St. Louis), and Southeastern (Cape Girardeau/Sikeston) Divisions.

Trustee NameMailing AddressPhone & Email Contact
Seth A. Albin903 S. Lindbergh, Ste 200, St. Louis, MO 63131P: (314) 991-4999, E: salbin@summerscomptonwells.com
Tracy A. Brown1034 S. Brentwood Blvd., Suite 1850, St. Louis, MO 63117P: (314) 644-0303, E: tab7@bktab.com
Kristin J. ConwellP.O. Box 56550, St. Louis, MO 63156P: (314) 652-1120
Fredrich J. Cruse718 Broadway, P.O. Box 914, Hannibal, MO 63401P: (573) 221-1333, E: trustee@cruselaw.com
D. Matthew Edwards733 N. Main St., P.O. Box 67, Sikeston, MO 63801P: (573) 481-1111, E: medwardstrustee@bthgelaw.com
Tom K. O’Loughlin, II1736 N. Kingshighway, Cape Girardeau, MO 63701P: (573) 334-9104
Charles W. Riske13321 N. Outer Forty Rd., Ste. 600, Town & Country, MO 63017P: (314) 749-4331
David A. Sosne903 South Lindbergh, St. Louis, MO 63131P: (314) 991-4999

Western District of Missouri

The Western District also has a panel of Chapter 7 bankruptcy trustees and one standing Chapter 13 trustee.

Chapter 13 Standing Trustee

Trustee NameOffice AddressPhone Number
Richard V. Fink2345 Grand Blvd, Suite 1200, Kansas City, MO 64108-2663(816) 842-1031
Payment AddressP.O. Box 1839, Memphis, TN 38101-1839

Chapter 7 Bankruptcy Trustees (Western District)

The following attorneys are appointed by the U.S. Trustee Office to serve on the Chapter 7 panel for the Western District of Missouri, covering the district’s various divisions, which include Kansas City, Joplin, Jefferson City, Springfield, and St. Joseph.

Trustee NameMailing Address (Primary)Phone & Email Contact
Eric L. JohnsonP.O. Box 413146, Kansas City, MO 64141P: (816) 292-8267, E: ejohnson@spencerfane.com
Norman E. Rouse5957 East 20th Street, Joplin, MO 64801P: (417) 782-2222, E: nrouse@cwrcave.com
Janice E. Stanton104 W. 9th Street, Suite 303, Kansas City, MO 64105P: (816) 421-7770, E: jstanton@sr-lawfirm.com
Bruce E. Strauss1044 Main Street, Suite 500, Kansas City, MO 64105P: (816) 221-8855, E: trustee@merrickbakerstrauss.com
Victor F. Weber1044 Main Street, Ste. 500, Kansas City, MO 64105P: (816) 221-8855, E: vfw-trustee@merrickbakerstrauss.com

The Professor’s Take

Understanding the specific role of the Missouri bankruptcy trustee is essential, whether it is Chapter 7 or Chapter 13 bankruptcy. The successful completion of your case and the receiving of the Order of Discharge hinges on cooperating with their requests while ensuring your own rights are protected by your bankruptcy attorney.

Knowledge of the Missouri bankruptcy court system and the trustees in the Eastern and Western Districts is the first step in effective case management.

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.

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