Yes, bankruptcy is a formal, legal, court-administered process. But sometimes, this does not necessarily mean that you will have to stand before the Kentucky or federal bankruptcy court for your case. Without further introduction, please continue reading to learn whether you are expected to make a court appearance during your bankruptcy proceedings and how an experienced Louisville, Kentucky consumer bankruptcy lawyer at Schwartz Bankruptcy Law Center can help you prepare if the day comes.
Do I have to go to court to handle my bankruptcy case?
While you may have to interact with the court during your bankruptcy case, you do not exactly have to stand before a judge in a court setting. The closest you may get to this experience is the 341 meeting of creditors. Here, you may have to answer questions under oath about your current financial situation. For example, if all the financial information stated in your bankruptcy petition is true and correct to the best of your knowledge, if there have been any changes to your finances since your bankruptcy filing date, etc.
Of note, this meeting may be overseen by the bankruptcy trustee appointed to your case, or, otherwise, a United States Trustee’s office representative rather than a judge. Also, it is now the standard for these meetings to be hosted virtually via video conferencing rather than inside a courthouse. Likely, most of your creditors will not appear at this meeting, but your lawyer can help you handle the ones that do. All of this to say, you should not feel intimidated by the 341 meeting of creditors or the whole legal process of bankruptcy.
Under what circumstances am I required to make a court appearance?
Simply put, you may be expected to make a court appearance if you stray away from the standard bankruptcy process in any capacity. More specific examples of such cases are as follows:
- The court may schedule a hearing to decide whether you are eligible to waive the bankruptcy filing fee.
- The court may schedule a hearing to decide whether to grant you an automatic stay extension with your second bankruptcy.
- The court may schedule a hearing to decide whether your proposed three- to five-year Chapter 13 repayment plan should be approved.
- The court may schedule a hearing to decide whether to grant your formal motion to change your three- to five-year Chapter 13 repayment plan.
- Your creditor may have filed a motion to lift the automatic stay if you have stopped paying your secured debt to keep the collateral.
- Your appointed bankruptcy trustee or creditor may have filed an adversary proceeding to challenge your right to a bankruptcy discharge.
To ensure your legal argument is well fleshed out, please seek the aid of a skilled Louisville, Kentucky consumer bankruptcy lawyer. You may rest better knowing that the team at Schwartz Bankruptcy Law Center will not let you enter this legal process without being properly prepared. So please pick up the phone and request our services today.
