Are there court hearings in bankruptcy? 40 Answers as of June 14, 2013

Are there court hearings in bankruptcy? Am I required to attend?

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Marc S. Stern
Marc S. Stern | Marc S. Stern
Yes there are and you are required to attend.
Answer Applies to: Washington
Replied: 6/18/2012
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
Yes there are court hearings in bankruptcy. You are required to attend your 341 hearing which is in front of your assigned trustee, not the judge. Depending on what is filed in your case there may be a chance that other hearings are held in which you will be required to attend. There is also the possibility that nothing will be filed and therefore the 341 hearing is the only one held. If you file a chapter 13 bankruptcy, there is a confirmation hearing that you may or may not have to attend depending on the work that is done before that hearing is held. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 6/13/2012
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
The only "court hearing" is what is called a creditors meeting. This meeting is not before a Judge but rather before the trustee and any creditors who want to attend. In 99% of the time, no creditors ever attend the meeting.
Answer Applies to: Florida
Replied: 6/11/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
There are court hearings, occasionally in bankruptcy cases, usually none in a chapter 7. You are required to attend a creditors meeting which usually lasts about 3 minutes. If you do not attend, another will be set, and if you do not attend the second meeting of creditors, your case can be dismissed.
Answer Applies to: Florida
Replied: 6/11/2012
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
There is one hearing called a meeting of creditors before the bankruptcy trustee, not a judge. If there are no problems this will be the only time that you have to go to court.
Answer Applies to: Florida
Replied: 6/7/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You must attend the meeting of creditors or 341 meeting, or your case will be dismissed.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Pursuant to section 341 of the bankruptcy code a debtor is required to attend a meeting of creditors. It is in a meeting room, not a court. It is conducted by the trustee appointed to the case; there is no judge who appears at the 341 meeting.
    Answer Applies to: California
    Replied: 6/7/2012
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    There are court hearings when questions come up. It is unlikely that you will be involved in a court hearing unless you file a chapter 13 that has problems. You will need to attend a hearing run by a Trustee.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    Yes there are court hearings in Bankruptcy Court. It is always a good idea to attend all court hearings that you are involved in.
    Answer Applies to: South Carolina
    Replied: 6/7/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, you must attend the meeting of creditors with the bankruptcy trustee.
    Answer Applies to: Indiana
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. At a minimum, there will be a creditor's meeting (also known as a 341 meeting) about 30-45 days after the case is filed.
    Answer Applies to: Texas
    Replied: 6/7/2012
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Yes, you are required to attend a Meeting of the Creditors which is generally held roughly a month after your case is filed. It is not a court proceeding in the sense that there is no judge present, but your testimony is taken.
    Answer Applies to: Oregon
    Replied: 6/7/2012
    Olson Law Firm | Edward M Olson
    It depends. You will be required to attend every hearing that the judge orders. In most cases, the only required meeting is the meeting of creditors before the bankruptcy trustee. However, every case is different. If objections or adversary proceedings are filed or if the trustee or the judge needs additional information, you may be required to go to court many times.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You will be required to attend the creditors meeting which should only be once if you have no problems at that meeting but can be multiple times if there are problems.
    Answer Applies to: New York
    Replied: 6/7/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes, there is the first meeting of creditors. You are required to attend. However if you are out of the country or have some good reason it can be done by interrogatories.
    Answer Applies to: Tennessee
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    The typical Chapter 7 case only has a meeting of creditors, also known as a section 341 hearing in front of the trustee. Some times there are other hearings depending on the facts; Chapter 13 usually has a hearing to approve the plan.
    Answer Applies to: Utah
    Replied: 6/7/2012
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on which chapter you file, and what happens in your particular case. In most chapter 7 cases there are no court hearings unless a creditor or other party objects to something, but you are required to attend the meeting with the Trustee in the case.
    Answer Applies to: California
    Replied: 6/7/2012
    Attorney At Law | Harry D. Roth
    Every bankruptcy case has a meeting of creditors which the debtor (the person who filed bankruptcy) is required to attend. There are no court hearings in the vast majority of chapter 7 cases or many chapter 13 cases. The debtor's attendance is usually not required.
    Answer Applies to: California
    Replied: 6/7/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    There is a short hearing before a chapter 7 bankruptcy trustee in a hearing room, not in a court. You must attend and answer the questions.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, consult an attorney to understand your rights and duties.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Yes and yes, and if you don't have a lawyer when you attend you will likely face a catastrophe.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    I can't speak for other jurisdictions, but in Arkansas it is very rare for Debtors to actually appear in front of a Judge. Most issues are worked out by attorneys without the need for our clients to appear. However, everyone who files does have a meeting with their Trustee that is conducted under oath and people will sometimes confuse that as a Court hearing when it is not. Things may be very different in other jurisdictions, so be sure to ask a local attorney for better guidance.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    One meeting with the trustee. Other than that it depends on your case.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Burton Green, Attorney | Burton Green
    It depends on the facts of your case. In a normal chapter 7 case there would be no court hearings although you will be required to attend a meeting with the trustee of your case, called a meeting of creditors. This is not a proceeding before the bankruptcy judge. In a chapter 13 case, assuming your plan is approved by the trustee, you should not be required to attend any court hearing. A hearing could be required in either 7 or 13 if the court has to hear an objection.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Debt Relief Law Center | Roger J. Bus
    Usually about 35 days after a Chapter 7 is filed, the Debtor must attend a 341 hearing- "first meeting of creditors" with the Chapter 7 Trustee (usually an attorney). Most likely, no creditors will appear.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Jenni Gustafson | Jenni Gustafson
    Yes, minimal court appearances if there are no complications. For example, at the creditors' meeting you will need to appear. Otherwise, most of it is paperwork.
    Answer Applies to: California
    Replied: 6/7/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    In a normal ch7 there is one hearing you need to attend. If everything is done right, that is the only one unless you have a reaffirmation agreement that needs to be heard by the judge. Reaffirmation agreements are about cars you want to keep.
    Answer Applies to: California
    Replied: 6/7/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    Yes there are and yes you are. Depending on what kind of bankruptcy case you file and what occurs in your case, you may need to attend hearings at the court house. For example, in Chapter 7 bankruptcy you do not need to attend formal hearing at the court house but you do need to meet with the Trustee in an informal gathering where they check your id/social security card and review your petition (pretty short) and is called the 341(a) Meeting. In a chapter 13 meeting, you will need to also attend the 341(a) Meeting but depending on how your case proceeds you may also need to attend a formal court appearance. In either types of bankruptcies, there are different things that occur that may require you to attend. Once you review your case with an attorney they can better inform you of any appearances based on your fact pattern.
    Answer Applies to: California
    Replied: 6/7/2012
    The Stockman Law Office | Mary Stockman Esq.
    There could be but you are probably thinking of the 341 meeting, and that is not a Court hearing. Yes you are required to attend.
    Answer Applies to: Florida
    Replied: 6/7/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    Yes, you are required to attend a meeting of creditors and if you file a Chapter 13 you may need to attend a confirmation hearing.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, there is a meeting of creditors that you need to attend in a chapter 7. In a chapter 13, you have the meeting of creditors in addition to a confirmation meeting.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Offices of Swapna Anthoor
    Law Offices of Swapna Anthoor | Swapna Anthoor
    If your case is not complicated, the only hearing you will have to attend would be a 341 Creditor's Meeting before the Bankruptcy Trustee.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    At the least is a meeting with the trustee called a "creditor's meeting". But, I cannot answer your general question without more information because it depends on the type of bankruptcy that you file. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    In a typical case there are no court hearings, although there is a Trustee's hearing, formally referred to as a "341 hearing". You are required to attend that hearing, and your attorney is required to be there with you. You will be sworn in and the Trustee, who is also a lawyer, but has an appointment to conduct these hearings, will ask you questions. Your lawyer should have fully prepared you for the hearing as the questions the Trustee will ask are about the information on your bankruptcy petition. The Trustee is mostly interested in determining whether or not you have anything of value for the Trustee to take, sell and have some money to give to your creditors. Your lawyer certainly should have warned you in advance if you were going to have any meaningful issues there. However, even if you have nothing of value, the Trustee is still required to question you, under oath, just to make sure. The Trustee may also be interested in your debt, income and expenses, but not as much as your assets. All of these things are things you will have already discussed with your attorney as you are preparing the petition. You will spend a lot more time with your attorney than you will with the Trustee, so this hearing is usually quite routine. Your creditors have the right to attend the hearing, but they rarely do. Banks and credit card companies almost never come to these hearings. If you owe taxes or have not filed tax forms, someone will show up just to make sure that you file your taxes and that their special place in bankruptcy is protected. They rarely ask probing questions of your personal finances (they already know). The creditors who do show up are unpaid employees, ex-wives who are owed money, customers who paid you but did not get anything in return and sometimes individuals who are not in the money lending business but who have nevertheless financed you.
    Answer Applies to: Massachusetts
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    At least 1 in a chapter 7 possibly 2 in a chapter 13.
    Answer Applies to: California
    Replied: 6/7/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    There is at least the meeting of creditors, which you must attend or the case is dismissed. In some jurisdictions there is also a discharge hearing.
    Answer Applies to: California
    Replied: 6/7/2012
    Kelly Nigohosian | Kelly Nigohosian
    In a chapter 7, you are required to attend the 1 creditor exam hearing. This is not a court hearing, but rather, an exam, where you the debtor takes an oath to tell the truth regarding your finances. Under a chapter 13, which is a voluntary repayment plan of all or part of your debt, you must attend the 1 creditor exam hearing, and possibly 1 or more confirmation hearings in front of a judge. Most often, however, if the attorney does everything correctly, you will not have to attend any court hearings in the Detroit Circuit.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Most people are only required to attend the 341 Meeting of Creditors, which is the opportunity for creditors to appear and for creditors and the trustee to ask you questions. However, generally creditors do not appear. If you have any attorney he or she will appear with you at the hearing and will ask most of the questions.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    At least one for chapter 7 and two for chapter 13.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes.
    Answer Applies to: Florida
    Replied: 6/14/2013
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