Does Filing for Bankruptcy Require a Court Appearance?

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If you have decided that filing for bankruptcy is your best option, you may be wondering what comes next. Some of our clients worry that they will have to make a court appearance and negotiate their bankruptcy plans in front of a judge and jury, but that is not how this process typically works. You may have to make a court appearance, but many matters concerning your bankruptcy can be negotiated at mediation sessions outside of court. A Bergen County Chapter 13 bankruptcy lawyer from our firm can answer any questions you have about how all of this works.

Is a Court Appearance Necessary During Bankruptcy Proceedings?

There are only a few situations in which you will be required to make a court appearance during your bankruptcy. You may need to appear in front of a judge early on in the process, as certain parameters of your divorce agreement are laid out. You can be ordered to go into a meeting with creditors, a requirement of this process. You may also be called into court if you miss payments to your creditors later.

Otherwise, many of the terms of your bankruptcy agreement are going to be settled in processes outside of the courtroom. So if you are nervous about having to make a court appearance, do not let you hold you back from filing for bankruptcy if that is the best option for you and your financial future.

What Can I Be Ordered to Do During a Court Appearance?

If you do have to appear in court, you can be ordered to go to a 341 Meeting, which is a meeting of your creditors. This is a necessity in Chapter 7 bankruptcy. No judge will be present at your meeting, but this is still a serious matter. You should treat it like you would treat a court appearance. In most cases, creditors do not even show up to these meetings. So do not stress, and let your attorney help you prepare for the meeting as best as you can.

The court will also order you to go through credit counseling. Such courses can help someone who has struggled with money management before. The state does not want people stacking up debts, going through bankruptcy, and then repeating the process over and over again. This order is meant to help you learn what you can and take better control of your financial future.

Do I Need a Bankruptcy Attorney?

The bankruptcy process can be quite complex. There’s a lot of paperwork involved and there are many potentially confusing rules about exemptions and what property can be kept. Our experienced attorneys can help you pick the right kind of bankruptcy, guide you through the process, and help you keep as much property as you can.

Contact Our Law Firm

This process can seem overwhelming, but you do not have to go through it alone. Contact the Law Office of Boyd & Squitieri and schedule an appointment with our team. We’re ready to help you build a path to a new financial future.