Bankruptcy Court Procedures

Will I have to go to court?

In bankruptcy chapter 7 cases, you only have to go to a proceeding called the "meeting of creditors" or "341" to meet with the bankruptcy trustee and any creditor who chooses to come.

You will be notified by mail as to the time and place of the meeting, approximately 20 to 40 days after the initial filing of your bankruptcy petition.

If a husband and wife have filed a joint petition, both must attend the meeting. Your assigned trustee will be in charge of the meeting as bankruptcy judges are prohibited from attending to preserve their impartiality.

Generally this meeting will be a short and simple procedure lasting only a few minutes where you are asked basic questions about your bankruptcy filing and your financial situation. In most instances creditors rarely appear and are limited as to the questions they may ask you by the trustee.

For Chapter 13 cases you have to appear at least once for a hearing to confirm your proposed chapter 13 plan.

Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court clerks office.

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