How to File a Complaint Against a Bankruptcy Trustee

Bankruptcy trustees in the U.S. are usually covered by the U.S. Trustee Program (USTP), a supervisory scheme that covers most of the country through 21 regions. The program is part of the Department of Justice. Hearing complaints about trustee behavior is one of the program's responsibilities.

Check that your case is overseen by the U.S. Trustee Program. Only cases involving chapter 7, 12 or 13 bankruptcy are covered. If your complaint involves a different type of case, you will have to seek professional legal advice.

Check that you are in an eligible state. The program does not cover cases in Alabama or North Carolina. In these states you must complain to the district bankruptcy administrator.

Find which region your case comes under by checking the USTP website. Note that in Illinois you may come under one of two different regions, depending on your location.

Visit the web page for your region. This contains general bankruptcy information as well as specific details about bankruptcy courts and USPT offices.

Contact your nearest regional USPT office with details of your complaint. Include as much relevant information as possible in a clear manner.

Wait for a response to your complaint. If you are not satisfied, you will need to consider taking legal action.

Tips

  • You should only complain where you believe the trustee has acted inappropriately or not followed the law. You are unlikely to succeed with a claim that is based simply on disagreeing with court rulings.

Warnings

  • The USPT does not give legal advice to the public about the bankruptcy process.