Bankruptcy And Your Day In Court

Law Blog

The decision to file for bankruptcy is never an easy one to make, and sometimes a large part of making this difficult decision is fear of the unknown. Knowing what is about to happen can go a long way when it comes to dealing with situations, and you may find that your fears are unjustified when you learn more about your bankruptcy court appearance. You time in front of the bankruptcy trustee or judge will be over before you know it, and soon you will be on your way to making a better financial future for yourself. Read on to learn 5 key facts about this meeting.

1. When filing bankruptcy, you will likely face only one appearance and it may not even be held in an actual courtroom. Referred to as the creditor's meeting, this appearance can take place in most any federal facility, from a large conference room to a federal courtroom.

2. You will need to show government-issued identification, so bring a photo ID such as your driver's license or passport. Make sure your identification is not expired. You may also want to bring a copy of your bankruptcy paperwork with you.

3. You should expect to set aside several hours for this appearance, and you will commonly be told to appear for either a morning or afternoon time slot. Don't worry, your time in front of the trustee will take mere minutes and you may leave once your name is called, which is often done in alphabetical order. You can expect to have the same time slot as many other filers; you very likely will not have a private hearing with the trustee.

4. Your bankruptcy attorney will be with you for your time in front of the trustee, but may have other clients in the same hearing so don't expect personal attention throughout the entire meeting. You will be sworn in and asked a few simple questions such as:

  • Have you filed your federal and state tax returns?
  • How many past bankruptcies have you filed?
  • Is that your signature on the bankruptcy petition and is the petition an accurate and honest representation of your financial situation?

5. You may be wondering why this meeting is called a creditor's meeting, and the name is somewhat of a misnomer. In fact, your creditors seldom bother to appear at this meeting. If a creditor does appear, you will likely have advance notice and your attorney will help prepare you for any challenges to the discharge of a particular debt. It pays to be aware of the restrictions on credit card usage in the weeks leading up to your bankruptcy filing, since using your cards for frivolous or unnecessary purchases could cause problems with your bankruptcy.

To learn more about your upcoming creditor's meeting, speak with your bankruptcy attorney.

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30 November 2016