Bankruptcy - Do I Have to Go to Court If I File?
For many clients, this can be an extremely intimidating process.
For this reason, you should choose your bankruptcy attorney carefully.
If you go some firm that advertises that they are the largest filer in your state, you are must likely going to get stuck with some green attorney that is six months out of law school.
Stay away from the bankruptcy mills! In this article, I would like to give you an idea what happens when you attend court.
In a Chapter 13, the first hearing you are required to attend is called the section 341 meeting of creditors.
The second one you must attend is called your confirmation hearing.
The meeting of creditors hearing will take place roughly six weeks after your case has been filed.
At this hearing, the trustee will ask you questions about the documents you submitted to court.
Remember, they are your documents and your neck is on the line.
Review them carefully with your bankruptcy attorney before your court hearing.
If you don't know what is in the papers, you are setting yourself up for disaster.
Your creditors will have the opportunity to attend the hearing and ask you questions as well.
Usually, the only creditor who attends these types of hearings are attorneys who represent large automobile companies.
It is not uncommon to have the hearing without any creditors in attendance.
Confirmation Hearing: This is the most important hearing for your case because the Judge will decide whether your case can go forward or if it will be dismissed.
Before you sign up with any bankruptcy firm, you should ask, "Who is going to the meeting of creditors with me and who is going to the confirmation hearing.
" Meeting of creditors for Chapter 7 cases: This is usually the only hearing you will have to attend in a Chapter 7 You will be required to swear under penalty of perjury that the documents you submitted to the court are true and accurate.
In a Chapter 7 meeting of creditors, the trustee will focus on the assets you listed in your petition and ask if you have sold or transferred any assets within the last two years.
Like I just said, review the documents you submitted to court carefully with your bankruptcy attorney.
People go to jail for filing petitions with false information.
If you are going to file, make sure you have a bankruptcy attorney that will not try to rush you through the process.
You need a bankruptcy attorney you can trust.