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.