Do I have to go to court if I file bankruptcy?
June 12, 2012 Leave a comment
The answer generally is no you don’t have to go to court for most bankruptcies, especially the chapter 7. In a chapter 7 bankruptcy you go to a 341 hearing with a bankruptcy trustee presiding but you don’t have to go to court usually.
These hearings are much more informal than a court proceeding and they usually last for only a few minutes. The trustee will ask you about your assets, your income, and any other questions he or she has about your bankruptcy schedules.
If the trustee sees anything wrong he will call for a continuance of the 341 hearing and ask for clarification or more documentation. If there is nothing wrong then he will conclude the hearing and you will be done. With a chapter 7 you will then wait for your discharge and closing of your case.
If the trustee finds something wrong with the case then you could end up in court. The trustee could file some challenge to your case as could a creditor that does not want his debt discharged. These challenges are somewhat rare though especially if a competent bankruptcy attorney files your case and thoroughly investigates all aspects of you financial situation beforehand.
These challenges to your case would be addressed by the trustee or the creditor filing an adversary proceeding. If an adversary proceeding is filed in your case then you probably will appear in court. These are somewhat rare though and most bankruptcies sail through the 341 hearing and never go near a courtroom.
Another example of a situation that could land you before a bankruptcy judge is the reaffirmation hearing. A reaffirmation hearing is when you reaffirm a debt for which your personal liability has been discharged in the bankruptcy.
This most often happens in a case where you financed your car. A car company wants you to in effect sign back up for the debt or they may elect to repossess the car after the bankruptcy stay lifts. This is especially true if your income is less than your expenses on schedules I and J which is common for chapter 7 debtors who file bankruptcy.
If the trustee wants to object to your discharge then the same could happen and if he wants to take property then he could file an adversary proceeding that could land you in court ut this is very rare.
These things are not all that common though and a good bankruptcy attorney should be able to guide you through the process and advise you on the possibilities of going to court. Usually though you should only see the 341 hearing room and the bankruptcy trustee for you chapter 7 bankruptcy.
I am a San Diego bankruptcy attorney. For further questions please visit my websites at www.farquharlaw.com or www.freshstartsandiego.com. Or call my office for a free consultation or for any other advice about bankruptcy or debt at (619) 702-5015. Call now for free credit report and analysis! For a free e-book on “13 things to do to prepare for your bankruptcy filing” please e-mail me at firstname.lastname@example.org.
Courthouse photo courtesy of w.marsh.