WEST VIRGINIA CODE
WVC 38 - 13 - 13
§38-13-13. Powers and duties of fiduciary commissioner.
Fiduciary commissioners shall have power to preside over all
meetings of creditors; to preside over all examinations of the
assignor or trustee; to allow and disallow all claims presented
to them for determination; to administer oaths to witnesses; to
issue subpoenas for the attendance of any person for examination;
to examine accounts filed by trustees hereunder, to hear and
determine any objections thereto, and to surcharge any trustee
for any moneys improperly expended or for which the trustee shall
have failed to account; to authorize the business of the assignor
to be conducted for limited periods by the trustee if necessary
in the best interests of the estate; to reopen estates whenever
it appears that they have been closed before being fully
administered; to authorize a trustee to bring an action, which he
is hereby empowered to maintain, against any person who has
received, taken, or in any manner interfered with the estate,
property or effects of the debtor, in fraud of his creditors, and
which might have been avoided by a creditor of the assignor, and
the trustee may recover the property so transferred or its value;
to require or allow any inventory or schedule filed to be
corrected or amended, and require and compel from time to time
supplemental inventories or schedules to be made and filed; to
determine the excess of the claims of secured creditors over and
above the value of the securities held by them; to require the
trustee to render and file the accounts and reports herein
provided for; to authorize and approve the payment of costs,
expenses, fees and commissions; to declare dividends; to discharge the trustee and his surety after the trustee has
properly completed the performance of his duties; to authorize
the appointment of an attorney for the trustee if necessary in
the best interests of the estate.
Note: WV Code updated with legislation passed through the 2012 1st Special Session