[section] 96 (1976)) made certain preferential payments voidable by the trustee in bankruptcy
. Bankruptcy Act [section] 67a (once codified at 11 U.S.C.
If, however, it is your money then the trustee in bankruptcy
will seek to recover it to pay your debts.
The bankruptcy process is very much the creditors' "bat and ball." Creditors are an integral part of the process and provide directions to the trustee in bankruptcy
. The purpose(s) of the first meeting is fulfilled at the behest of the creditors.
It is not uncommon to see suits brought by a trustee in bankruptcy
of a debtor corporation against that corporation's directors and officers.
Retaining a trustee in bankruptcy
. Despite what may appear to be an apparent contradiction, in a proposal, a trustee in bankruptcy
effectively acts for both the debtor and the creditors.
A trustee in bankruptcy
may be liable for violations of his fiduciary duties.
The bankruptcy court is reluctant to interfere with business decisions made by a trustee in bankruptcy