One of the key people in bankruptcy is the bankruptcy Trustee. The United States Trustees at the Justice Department appoint and supervise private trustees who administer bankruptcy estates throughout the United States. These private trustees are who you encounter at your 341 hearing. The trustee’s job is to review your bankruptcy paperwork to look at your assets, check for potential fraud, and find any income issues. The trustee receives a fee for examining your paperwork and a percentage of any assets sold if a Chapter 7 is filed or a percentage of your plan payment if you file a Chapter 13. Kansas currently has five active chapter 7 trustees and 3 active chapter 13 trustees.
Chapter 7 Bankruptcy Trustees in Kansas
Chapter 7 trustees are appointed to a panel of trustees within a judicial district. When someone files a Chapter 7 bankruptcy, their case is randomly assigned to one of the panel trustees in their district. This trustee will ask you questions about the information contained in your bankruptcy documents at the 341 hearing. They are also looking for any non-exempt assets they can liquidate and are in charge of paying creditors from liquidations. The Chapter 7 Trustees in Kansas are:
Patricia E. Hamilton
4848 S.W. 21st Street, Suite 201
Topeka, KS 66604Linda S. Parks
100 N. Broadway, Ste. 950
Wichita, KS 67202 -2209
Steven R. Rebein
8700 Monrovia, Ste. 310
Lenexa, KS 66215Christopher J. Redmond
6731 West 121st St., Suite 226
Overland Park, KS 66209Darcy D. Williamson
1109 SW Westside Dr.
Topeka, KS 66615
Chapter 13 Bankruptcy Trustees in Kansas
Chapter 13 trustees are called “standing trustees” and are appointed to a specific region. There are three Chapter 13 trustees in Kansas. One trustee is assigned to Topeka, one to Kansas City, and another to Wichita. You are assigned a trustee based on where you file your case. The Chapter 13 trustee reviews your Chapter 13 plan for fairness and is in charge of administering your plan payments to creditors. The Chapter 13 trustees in Kansas are:
Carl B. Davis-Standing Trustee since 2016
300 W. Douglas, Suite 650
Wichita, KS 67202
Web Page: http://wichita13trustee.com/
William H. Griffin-Standing Trustee since 1990
5115 Roe Blvd., Suite 200
Roeland Park, KS 66205
Web Page: https://13trusteekc.com/
Jan M. Hamilton-Standing Trustee since 1998
507-9 SW Jackson Street
Topeka, KS 66603
Bankruptcy Trustee Compensation and Case Load Statistics
A standing Chapter 13 has a statutory maximum fee of 10% that they can collect of plan payments. The percentage fee is fixed by the Director by delegation from the Attorney General, after consultation with the United States Trustee for the region in which the standing trustee serves. This percentage fee is collected from every payment that passes through the trustee’s office. These fees are used by the Trustee to pay for things like their operating expenses and employee salaries. Below are partial data showing caseload statistics and costs of running a Chapter 13 trustee’s office. The full dataset can be found here.
| Trustee Name | Average Fee | Active Cases Start ‘19 | Plan Receipts-Fee taken | Ongoing mortgage payments | All Other Secured Debt | Unsecured Creditors |
|---|---|---|---|---|---|---|
| Kansas Total | N/A | 10,261 | 73,245,624 | 15,472,267 | 24,284,225 | 10,405,947 |
| Carl Davis | 6.4% | 2,455 | 22,770,811 | 4,470,564 | 8,229,010 | 4,424,085 |
| W.H. Griffin | 6.3% | 4,696 | 34,091,506 | 7,646,016 | 11,276,111 | 3,889,811 |
| Jan Hamilton | 10% | 3,110 | 16,383,307 | 3,355,687 | 4,779,105 | 2,092,051 |
| Trustee Name | Average Fee | Active Cases Start ‘19 | Plan Receipts-Fee taken | Ongoing mortgage payments | All Other Secured Debt | Unsecured Creditors |
|---|---|---|---|---|---|---|
| Kansas Total | N/A | 10,261 | 73,245,624 | 15,472,267 | 24,284,225 | 10,405,947 |
| Carl Davis | 6.4% | 2,455 | 22,770,811 | 4,470,564 | 8,229,010 | 4,424,085 |
| W.H. Griffin | 6.3% | 4,696 | 34,091,506 | 7,646,016 | 11,276,111 | 3,889,811 |
| Jan Hamilton | 10% | 3,110 | 16,383,307 | 3,355,687 | 4,779,105 | 2,092,051 |
Conclusion
The bankruptcy trustee serves as the “watchdog over the bankruptcy process” and is there to ensure fairness to all parties involved. If you have questions about your Chapter 13 case be sure to contact your attorney rather than the trustee. The trustee does not give legal advice and your attorney will be able to answer your questions easily.
If you need any additional information about filing bankruptcy please contact our office and we will be happy to go over your circumstances. We have bankruptcy offices in Wichita, Topeka, Lawrence, and Overland Park.
