Baseball is my sport and I am a die-hard New York Mets fan. My team is nothing to be proud of these days, but the sunlight may be peeking through the rain clouds for the Mets.
Whatever team you root for, there is a “human element” to baseball that makes it special. It seems that fans form a bond with players more in baseball than any other sport.
Also, there is a human element to baseball because of the way it is officiated.. Umpires use their judgement to call balls and strikes, foul or fair and safe or out.
These “calls” have been a part of the game since its inception and have added an unpredictable and often heartbreaking nature to the game.
Well, all of that is set to change next year with the institution of expanded replay. This expanded replay will cover all plays except balls and strikes.
I consider myself a baseball purist and I loathe this decision. Goodbye human element.
The Human Element in Bankruptcy
Like baseball, there is a human element in the bankruptcy process outside of the relationship with your attorney. It is the bankruptcy trustee.
When your bankruptcy case is filed, a trustee is appointed to administer and oversee your case.
The bankruptcy trustee has specific responsibilities that include examining the debtor under oath at the 341 Meeting of Creditors. In addition, the trustee ensures that the bankruptcy petition and accompanying documents comply with the code.
The trustee is also responsible for liquidating assets and distributing funds to creditors if available.
Most trustees are confident, competent and quite experienced at what they do. Remember, they are not robots, they are human and with that comes the “element” discussed above.
Get to Know Your Trustee
Assuming you took the appropriate steps and hired a competent lawyer, there should be no surprises in your bankruptcy case regardless of who the trustee is.
So, while the outcome of your case may be fairly predictable, the journey to that destination could be anything but. Every trustee is different and that is why it is important to know your trustee.
No, don’t call up your trustee and ask him/her out for coffee. Speak to your attorney about the trustee assigned to your case.
Understand his/her method of questioning, the documents he/she requires and any other personality traits specific to your trustee. Some trustees are calm, quiet and workmanlike while others are rather loud and assertive. Certain trustees can be playful and pleasant.
Like I said, they are all different and it is important to understand who is overseeing your case.
So, while this human element is probably not going to make or break your bankruptcy case, it can make the experience more predictable.
Image courtesy of mwlguide (Flickr).