Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Can a trustee for chapter 7 enter my property?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Bankruptcy filing involves having a trustee. Their job is to oversee the case and make the decisions on how it proceeds. Is it a no-asset case? Or are there items that are to be sold? The decision is theirs, and theirs alone. One of the responsibilities of their job is to ensure that the assets are valued fairly. If they feel that something has been undervalued, they can inspect the property to see for themselves.
How a Trustee Inspects a Property
A trustee can enter a home if they so desire. But it's rare that they actually do. Instead they will send out an appraiser as a neutral third party to do the job. Chapter 7 is for liquidating property in order to pay off creditors, and the trustee wants to get fair market value for anything that is to be sold, including a house. In the situation where they feel that the petitioner undervalued their home or had an appraiser not do their job, they can legally enter the home themselves to assess the property. Again, since the trustee has to be a fair judge, they will hire someone instead. Having the third party look at the property removes any sense of impropriety from the situation.
Hire a Lawyer
Filing a bankruptcy is no simple matter. The best thing to do before starting is to hire a lawyer to do the job. They will be able to keep everything on the level and avoid the chances that the trustee will question anything in the petition.
References: