Do I have to go to Court During Bankruptcy?
5 Reasons You Could Need To Go To Court During Bankruptcy
If you are drowning in debt, the thought of filing for bankruptcy can be overwhelming. For this reason, many people enlist in the help of legal representation to figure out what to do.
When clients approach a bankruptcy lawyer, a common concern is about whether they will need to show up for court throughout the proceedings. In most cases, the number of times a debtor must appear before an authority is minimal, although there can be some exceptions.
1. Meeting of Creditors
Whether you file for Chapter 7 or Chapter 13, you can expect to meet with your bankruptcy trustee at the Meeting of Creditors. During this time, you will need to testify under oath and answer any initial questions the trustee may have. While this meeting is necessary, there is no need to worry. You can ask your lawyer to attend, and the Meeting of Creditors often takes place outside a courtroom in a conference room. Plus, the trustee is not a judge.
2. Confirmation Hearing
If you file for Chapter 13, the law requires you to attend a confirmation hearing after the Meeting of Creditors. You can expect to meet with a bankruptcy judge who will either confirm or deny your proposed repayment plan.
3. Objections to Exemptions
Another reason working with a legal representative can be worth it is because it reduces the risk of the court objecting to your listed exemptions. If there is an objection for some reason, it usually requires debtors to appear in court to help clarify the situation.
4. Show Cause Order
While it is uncommon, a judge may also summon you to court with an order to show cause. When this occurs, you will need to further explain, justify, or prove details on your bankruptcy petition that may have raised a red flag. Before responding, make sure to talk with a legal professional.
5. Adversary Proceedings
When other parties file separate lawsuits that are due to your bankruptcy, but are not a part of it, these legal moves fall under adversary proceedings. Depending on the specifics of your case, these can include lawsuits for fraudulent or preferential transfers, lien stripping or an objection to discharge.
The good news is that most bankruptcies are smooth. Filing for Chapter 7 or Chapter 13 can be complex, but it does not have to be. If you are looking for a bankruptcy lawyer in Tampa, FL, then a lawyer like Carolyn Secor, P.A., could help to make your bankruptcy more smooth.