I filed bankruptcy, will I need to attend court?

Most people who file for personal bankruptcy do not need to attend Court and never appear before a Judge.

For most people, lawyers and lawsuits conjure up images of wood paneled courtrooms with scary judges presiding over heated exchanges. ‘ORDER IN THE COURT! OBJECTION YOUR HONOR!’ Many bankruptcy clients are concerned that a judge will be reviewing and second guessing their petition. This concern is usually unwarranted. In the vast majority of cases, debtors never step foot in a courtroom and do not appear before a Judge.

The 341 Meeting

Debtors are required to attend what is known as the meeting of creditors or section 341 meeting, a proceeding at which the debtor testifies under oath that the information contained in their bankruptcy filing is accurate. SEE: What Should I Expect at the 341 Meeting?

In many jurisdictions, the 341 meeting doesn’t even take place in the Courthouse. It might be across the street or nearby the federal court. Your bankruptcy trustee (not a Judge) will preside over the meeting of creditors, but don’t worry, your bankruptcy attorney will be there to guide you through the process. In most chapter 7 cases, the 341 meeting is fairly painless and only lasts anywhere between 30 seconds to five minutes. During that time, the trustee will ask you a series of questions about your property, debts and financial history. Some debtors will receive very few questions, others with more complicated cases may receive more.

When a Court Appearance is Required

Although the likelihood of a court appearance is low, debtors must realize that filing for bankruptcy is more than just filling out some forms, a bankruptcy case can turn to litigation fairly quickly. Debtors may be required to appear in court when a trustee objects to one of their exemptions or the Judge orders them to appear and show cause. In addition, an adversary proceeding will likely require a court appearance as well.

Fear Not

Fear not, as long as you’ve disclosed everything you own on your bankruptcy schedules and hired an experienced bankruptcy attorney to prepare your case, you likely won’t have to step foot in a courtroom if you file for bankruptcy.