There are several players involved in a bankruptcy proceeding.

While each case is different, most people who file for bankruptcy will spend the majority of their time with their attorney and a few minutes with a trustee (defined below). In fact, during most bankruptcy proceedings, the person who files for bankruptcy will rarely see anyone else, including a judge.

Here are the parties involved in a bankruptcy proceeding…

Debtor.  The person who files for bankruptcy. 11 U.S.C. §101(13)

Bankruptcy Lawyers representing the Debtor(s). A licensed attorney who is authorized to practice law and has a duty to be honest, diligent, compassionate, and pay attention to details.

Creditors. The parties the debtor(s) is indebted to. Creditors have a claim against the debtor(s). Creditors can be credit card companies, banks, medical providers, and more. 11 U.S.C. §101(10)

Attorney representing Creditors. An attorney who represents a creditor in a bankruptcy proceeding.

Private Trustee (also known as a Chapter 7 Trustee). A private trustee collects the assets of the debtor that are not exempt from the Bankruptcy assets, liquidates assets, and distributes the proceeds to creditors. Private Trustees, or Chapter 7 Trustees, are not government employees.

US Trustee. Works for the United States Trustee Program which is part of the United States Department of Justice. US Trustees are responsible for overseeing the administration of bankruptcy cases. A US Trustee is also responsible for overseeing the private trustee involved in a bankruptcy proceeding.

Bankruptcy Judge. A federal bankruptcy judge who is a judicial officer of the United States District Court. Bankruptcy judges preside over bankruptcy matters. Debtors typically do not appear before a bankruptcy judge.

Bankruptcy Court Clerk. Court clerks who perform the administrative duties of the bankruptcy court. Court clerks assist other officers of the court such as judges and lawyers. They maintain court records and authenticate copies of the court’s orders and judgments.

Credit Counseling Agencies. Nonprofit budget and credit counseling agencies that are approved to provide counseling to Debtors. The counseling provided by Credit Counseling Agencies must be completed by the Debtor(s) in order to be eligible to file for bankruptcy and a discharge.