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Eric L. Bolves, Esq. |
WILL I HAVE TO APPEAR IN COURT?In a Chapter 7, you usually have to go to Court only once. 3 to 4 weeks after the case is filed, a hearing called a "Creditors Meeting" is held. At the meeting, a Court appointed Trustee will go over the Bankruptcy Petition and verify that it's true and correct. The trustee will also be checking to see if there are any unprotected assets that can be collected so creditors can be paid. Your creditors do have the right to show up, but this is rare. The whole thing lasts about five minutes. The creditors meeting is nothing to worry about as long your paperwork is in order and you're well prepared. Being unprepared can be very, very costly. A Chapter 13 is quite different. The first time you go to Court is for a Meeting with the Trustee. At the meeting, the trustee will review your Petition and determine whether or not your Payment Plan will work. If the Trustee recommends you Plan to be accepted, a Confirmation Hearing before the Judge is scheduled. If the Plan is approved by the Court, the case remains open for up to five years. At the end of a successful plan, a Discharge Hearing can be held where the judge signs an order removing all remaining debt. Return To Main Menu
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