McKay, Burton & Thurman has traditionally had members of its bankruptcy section serve on the Panel of Trustees for the United States Bankruptcy Court for the District of Utah. Currently Stephen W. Rupp and David L. Miller serve on the Panel of Chapter 7 Trustees. McKay, Burton & Thurman has also represented a Chapter 7 trustee from Colorado and Chapter 11 trustees in traditional and Subchapter V Chapter 11 bankruptcy cases.
The trustee is the individual responsible to administer the debtor’s bankruptcy estate during the bankruptcy proceedings. The trustee is appointed to the bankruptcy case by the United States Trustee and approved by the bankruptcy court. It is the trustee’s responsibility to look after the best interests of the debtor’s creditors. In a Chapter 7 bankruptcy, the trustee liquidates non-exempt property, recovers property previously transferred fraudulently or preferentially, and equitably distributes the bankruptcy estate’s property to creditors and others according to the priorities set forth in the Bankruptcy Code. The trustee may also bring a motion to dismiss the case and/or deny the debtor a discharge of his or her debts if the trustee finds evidence of abuse of the bankruptcy system, fraud, perjury, and/or ineligibility.