I know very few people who ENJOY going to court. In seventh grade, however, I remember taking a trip to the local courthouse just to see a trial in action. Unfortunately, I walked in on a family court matter and I could feel the enormous stress.
When I think of court, I think of uncertainty. Someone wins, someone loses. It can be expensive, take a long time to reach a decision, and can be a grueling battle the whole way through.
When it comes to filing bankruptcy, however, the vast majority of bankruptcy filers never enter the court room. Your bankruptcy lawyer files your petition with the US Bankruptcy Court, BUT the case is reviewed by an attorney in the US Trustee’s office. What does that mean?
It means that when you attend your bankruptcy hearing, you will sit in a very boring room that offers the ambiance of train station. Lots of people coming and going, but no judge, jury, or bailiff. NO COURTROOM.
The particular room I enter for my creditor meetings in Providence, Rhode Island has a few scattered chairs and a table in front. Nothing like a courtroom, nothing like you have seen on TV or the movies, and certainly nothing like you see in your nightmares.
I have been to more than 3,000 hearings in two states and several districts. Its almost always the same. Little to no excitement. A properly prepared no-asset case should be that predictable.
You will sit across from the trustee and next to your attorney. On the table is a small tape recorder and the trustee’s laptop computer. Your case will be heard along with 4-5 others during a 30 minute block. Its easy to see that most cases are allotted only 5 minutes. Improperly prepared petitions, however, take longer and often require continuing the case to a second hearing date.
The key to making your case less stressful is finding an experienced bankruptcy lawyer. Get representation from an attorney who has attention to detail and gets it right the first time. He can prepare you and your petition so that your hearing is uneventful.
So where is the Bankruptcy Court hiding? Well, it is either down the hall, a few floors above, or across the street. Regardless, if you retain the best bankruptcy lawyer you can afford, most of you will never have to go there.
Mark Buckley is a Warwick, Rhode Island bankruptcy lawyer and CERTIFIED FINANCIAL PLANNER professional . If you live in Rhode Island and would like a free telephone consultation to discuss your debt situation, please contact Mark Buckley.
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