How Many Times Will I Have to go to Court?

16 Jul How Many Times Will I Have to go to Court?

So you will be filing for bankruptcy. Common questions are: “How many times will I have to take time off from work to go to Court?”, or “Will this take all day?” or “Is the Judge mean?”

If your bankruptcy case is uncomplicated, you might find that you only have to go to one hearing in the case. That hearing will be conducted by the Bankruptcy Trustee. The Bankruptcy Code prevents the Bankruptcy Judge from participating or attending to watch the proceedings. In many jurisdictions, the Trustee hearing will not be held in a courtroom or even the Federal Courthouse. That one hearing is informal and short, typically about five to ten minutes. See “What Should I Expect At The Trustee Hearing?”

In a chapter 7 case, that may be the only hearing you have to attend. However, if you reaffirm a loan, you may be required to go to Court to explain why it is necessary. In that case, the Judge will not be mean; the Judge’s job is to make sure that you are not getting yourself back into financial trouble. In a Chapter 13 case, you will most likely be required to attend the confirmation hearing at which the Bankruptcy Judge will determine whether your plan of repayment to creditors will be approved.

Of course, there is no way to predict the future and so, hearings can be continued to another date for completion or motions and objections could be filed in your case that might require your attendance in Court. If your case is routine, you might not get to see the inside of the courthouse or courtroom and never get to meet the Bankruptcy Judge and that would be a very good thing.

“ConnecticutGene Melchionne is a bankruptcy lawyer covering the entire State of Connecticut. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.

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