Will I have to appear in court during my bankruptcy?

Posted by James Jensen-Kowski on October 5, 2024 at 5:30 AM

shutterstock_2377734171When filing bankruptcy, one of the first things that many people will ask is whether they will need to make an appearance in court related to the filing. 

Historically, the bankruptcy process required people going through bankruptcy to make an in-person appearance at a federal courthouse for something know as a “341 Hearing” which is also sometimes referred to as a “First Meeting of Creditors”.  However, recent changes that have occurred over the last several years have resulted in this appearance taking place remotely, meaning that you no longer need to go to a courthouse for your first meeting of creditors!

For many, the First Meeting of Creditors will be the first and only hearing that takes place during their bankruptcy.  For most, it will also be the only hearing that you will personally be required to appear for.  When this First Meeting of Creditors takes place, it will be done either over zoom or through a phone call, and an attorney from our office will be present on the call with you.  

In certain instances such as a Chapter 13 filing, there may be subsequent hearings for things such as confirmation of a Chapter 13 bankruptcy plan, or Motion for Relief if you have elected to surrender an asset back to a creditor.  However, these are hearings that you would not personally need to attend, as your attorney would typically make any appearance necessary for these matters themselves.  

Many of the people that I speak with find it shocking that an in-person court appearance isn’t required for the bankruptcy process; but it’s true!  The bankruptcy process is designed to be a streamlined and efficient tool that allows you to seek relief from the burdens imposed by unmanageable debt, and thankfully, this efficiency also extends to the process of making appearances before the court.  

Although it is no longer necessary to make a physical appearance during the course of most bankruptcies, the First Meeting of Creditors is still a crucial step that allows everyone going through the bankruptcy process to speak directly with the trustee.  Our firm is extremely familiar with the structure and function of these meetings, and we will be there with you every step of the way as you go through it, including being present with you on the call for the meeting itself. 

CALL NOW FOR A FREE STRATEGY SESSION FROM AN MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM

When the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to www.lifebacklaw.com.        


                         

 

            

 

Topics: Do You Have to Go To Court to File Bankruptcy?, Do you have to go to court to declare bankruptcy?

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