Will I Have To Go To Bankruptcy Court?
By Susanne Robicsek, North Carolina Bankruptcy Attorney on Aug 12, 2007 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, North Carolina
Many bankruptcy debtors will never have to go to Bankruptcy Court. All bankruptcy debtors have to attend a Section 341 Meeting of Creditors, but there is no judge present at those meeting. If no issues arise the Creditor’s Meeting may be the closest they get to a formal court hearing.
For Chapter 7, a period of time passes after the Creditor’s Meeting before the Discharge is entered to allow for objections and other matters. If there are no issues in the case, the Discharge and Final Decree are entered by the Court and sent to the debtor. That Chapter 7 debtor may never see the Bankruptcy Judge.
Since Chapter 13 cases normally last from three to five years, it is likely that a Chapter 13 debtor will have to go to court sometime during the case. Chapter 13 debtors may fall behind in payments, want to borrow money, sell property or have some other reason that requires a hearing before the Judge.
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