Can the trustee of an irrevocable trust file Chapter 13?

No...chp 13 is for wage earners.

Chapter 13 is only available for people, not trusts, business organizations, etc. Sorry!

The correct procedure would be to file a chapter 11. Keep in mind that most bankruptcy lawyers do NOT handle chapter 11s. I handle chapter 11s and would be happy to provide you a free consultation. ---- disclaimer I have been quoted and written about by CBS Marketwatch regarding related areas of law. You can search my educational video links on youtube.com or by going to my website at www.gwesq.com To see some of these articles written about me and my practice, please visit my blog. See below for the link. If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you. DISCLAIMER—This answer is for informational purposes only under the terms and conditions. It discusses general legal principles and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. Attorney Gerald Wolfe Law Office of Gerald Wolfe 19600 Fairchild Road, Suite 295 Irvine, CA 92612 (949)257-0961

C13 is not an option for an irrevocable trust. Are you sure the trust is irrevocable? as opposed to revocable which would be no problem at all. Most trusts are revocable and are for the purpose of avoiding probate primarily. If truly irrevocable, then you need to discuss with trust attorney to see if it can be terminated and the property transferred now to a human being who might be eligible for C13. C11 is probably available but it is very expensive. Your time is extremely short so you better run to the lawyers' office for immediate action (hopefully a lawyer that knows about trusts and bankruptcy).