Do I Have to Go to Court If I File for Bankruptcy?
Many people are terrified of bankruptcy. You may fear the consequences of bankruptcy or having to appear in front of a judge and be questioned under oath. However, if you are considering filing for bankruptcy to eliminate most of your debts, you should know the truth: The process isn’t as bad as you might think.
First of all, bankruptcy won’t be the “final nail” in your financial coffin. On the contrary, this legal alternative will allow you to get a fresh financial start. Then, you will have the opportunity to rebuild your finances from scratch.
On the other hand, you may be wondering if you need to go to court during your filing. In short, the answer is yes. However, in most cases, you will only have to go to bankruptcy court twice during the process. First, to file the required bankruptcy forms. Second, to attend the brief meeting of creditors.
Now, you don’t have to go to court on your own; a Los Angeles bankruptcy attorney can help. A legal professional, like KT Bankruptcy Lawyer, can represent you every step of the way.
Here’s everything you need to know about bankruptcy-related court hearings.
Meeting of creditors
When you file for bankruptcy, the court will assign a trustee to your case. The trustee (not a judge) will preside over the 341 meetings of creditors, where he or she will ask you questions to determine if you told the truth on your bankruptcy forms. Don’t worry; your LA bankruptcy lawyer will be there to advise you.
This meeting usually lasts between 5 and 10 minutes. And as the name implies, creditors are free to attend, but they rarely do.
Other matters that could require a hearing
Although it may not often be the case, you may have to go to court to settle other issues related to your filing.
Motion to extend the automatic stay
If you are filing for bankruptcy again shortly after your previous case was dismissed, you will need to file a motion with the court to extend the automatic stay. You will have to explain to the judge why your previous case was dismissed and how your circumstances have changed.
Confirmation of Chapter 13 plan
Before you can begin your Chapter 13 bankruptcy repayment plan, it must be approved by a judge. If all checks out, it will be approved in a matter of days.
Motion to approve additional debt
Typically, you cannot take on additional debt during your Chapter 13 bankruptcy filing. However, if an emergency arises, you will need to ask the bankruptcy court to assume other debt to solve the problem.
You, a creditor, or the trustee could pursue an adversary proceeding, or lawsuit, during the bankruptcy filing. These proceedings are usually separate from your case but are intrinsically related. They often include discharge objections, when the creditor or trustee believes you have committed fraud; fraudulent transfers, if the trustee discovers that you hid money before your filing; discharge ability of a debt, if a creditor wants to prevent you from discharging a specific debt; and many more, depending on the case.
Adversary proceedings often complicate matters significantly, but an attorney can help. Learn more about the benefits of working with a bankruptcy attorney at https://legalfacts.org/bankruptcy-lawyer/.
Learn more about bankruptcy on Legal Facts
You shouldn’t be afraid of bankruptcy. On the contrary, you should try to learn about its benefits and consequences if you need to resort to it in the near future. At legalfacts.org, you will find everything you need to know about the process and much more.
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