Will I be required to appear in court for my bankruptcy?
When filing bankruptcy, many people wonder if they need to appear in court.
Historically, the bankruptcy process required people going through bankruptcy to make an in-person appearance at a federal courthouse for something know as a “341 Hearing” which is also sometimes referred to as a “First Meeting of Creditors”. However, recent changes that have occurred over the last several years have resulted in this appearance taking place remotely, meaning that you no longer need to go to a courthouse for your first meeting of creditors!
For many, the First Meeting of Creditors will be the first and only hearing that takes place during their bankruptcy. It will be the only time that you are required to personally appear at a hearing. This First Meeting of Creditors will take place either via zoom or phone call. An attorney from our firm will be on the call.
In some cases, such as when you file for Chapter 13, there may be hearings for confirmation of the Chapter 13 bankruptcy plan or Motion for Relief, if you’ve chosen to return an asset to a creditor. These are hearings you do not need to attend as your attorney will usually appear on behalf of these matters. Many people I speak to find it shocking that a court appearance in person is not required for the bankruptcy procedure. But it’s true! The bankruptcy process was designed to be an efficient and streamlined tool that allows you seek relief from unmanageable debt. Thankfully, this efficiency extends to the appearances in court.
Although most bankruptcies do not require a physical presence, the First Meeting of Creditors still allows all those going through the bankruptcy to speak directly to the trustee. Our firm is very familiar with the structure of these meetings and will be with you at every step, including the call itself.
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When the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to
www.lifebacklaw.com
. https://www.youtube.com/watch?v=L3r6rlgFTBc