Bankruptcy Hearing: What to Expect
Attending a bankruptcy hearing is a
part of your responsibilities when filing bankruptcy. You
will have to attend at least one bankruptcy hearing and
probably more than one when you file for bankruptcy. The
bankruptcy hearing is where the judge hears your case and
decides if you can file for bankruptcy or if you need to file
for a different type of bankruptcy. It is an important
part of the bankruptcy process.
The First Hearing
The first bankruptcy hearing you attend will be brief. You
will need to bring your paperwork, photo id and social security
card. If you have an attorney he or she will likely
ensure you have all the needed items.
At this hearing you will submit your paperwork and the
bankruptcy trustee will interview you. This is a process
where you will be asked to answer several simple questions
about your finances and personal situation. You will be
asked about where you live and what assets you own. You
will also be asked if you are currently in any lawsuits
involving monetary rewards and if you are going to receive any
inheritance in the future.
There are no creditors at this hearing. This is a
basic hearing where the trustee gathers information about you
so that the process can begin.
Subsequent Hearings
60 to 90 days after the first bankruptcy hearing you attend
you will return to court to face your creditors. Many
times creditors do not show up which makes it easy for
you. In this case the debt is usually discharged.
If a creditor does show up you may end up having to set up a
repayment plan with the creditor to repay the debt.
What happens really depends upon your financial
situation. You will be able to explain everything at the
hearings. The final hearing will officially discharge all
the debts that you claimed in your bankruptcy that were not
contested or set for repayment.
Things to Keep in Mind
Bankruptcy is a legal proceeding. You may never
actually see a judge or be in front of a judge. Instead
you will usually work through trustees appointed as a neutral
party to handle the proceedings. Despite this, the
trustee still has the power of a judge so you should treat him
or her with respect.
You should always show up for every hearing where your
attendance is required. Always be on time as well because
a bankruptcy can be dismissed for failure to appear in
court. You do not want to waste the time of the court or
your attorney.
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