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Do I Have to Go to Court if I File Bankruptcy?

Filing for bankruptcy is overwhelming and frightening. If you are going to file for bankruptcy, you may be wondering whether you will have to go to court. The answer is probably not. You will likely never have to step inside the U.S. Bankruptcy Court or meet the judge responsible for your case.

If you are planning on filing bankruptcy, it’s imperative that you consult an experienced Cleveland bankruptcy lawyer who can guide you through the bankruptcy process and confirm that a court appearance won’t be necessary.

Contact our skilled attorneys at Luftman, Heck & Associates today at (216) 586-6600.

You Must Attend a 341 Meeting of Creditors

In most cases, a 341 meeting or informal meeting of creditors is the only aspect of the bankruptcy process for which you must be present. The 341 meeting typically involves creditors and a bankruptcy trustee asking questions regarding your debts. To make this meeting far less intimidating, a Cleveland bankruptcy lawyer can attend with you.

For Chapter 7 bankruptcy cases, the 341 meeting will determine whether nonexempt property can be sold to pay off your debts. Questions during this meeting will revolve around your property value, monthly expenses, and whether your incomes and assets have been accurately revealed.

The purpose of the meeting for Chapter 13 bankruptcy is to verify that creditors all receive equal treatment under the repayment plan. During this meeting, questions will be related to your income, whether dependents are involved, and monthly expenses.

You Do Not Usually Have to Attend a Confirmation Hearing

Following the 341 meeting of creditors, a confirmation hearing will be held at the U.S. Bankruptcy Court to determine whether your proposed repayment plan should be approved. A Cleveland bankruptcy lawyer can attend this hearing for you. It is rare that you will have to attend the confirmation hearing along with your attorney.

Exceptions

While the 341 meeting is the closest you will likely get to a courtroom if you are filing for bankruptcy, there are exceptions. If your case is associated with an adversarial proceeding, you may be required to go to court. Adversarial proceedings usually arise when you are accused of fraud by a creditor. In addition, you may visit a courtroom if a creditor objects to an exemption claimed by you.

Consult a Cleveland Bankruptcy Lawyer at Cleveland Bankruptcy Law Firm

Since appearing in a bankruptcy courtroom is rare, you should not allow your fear of court to stop you from relieving yourself of debts through bankruptcy. By contacting a Cleveland bankruptcy lawyer at Luftman, Heck & Associates, you can ensure that your rights are protected and the bankruptcy process runs smoothly.

Call us today at (216) 586-6600 or email us at advice@clevelandbankruptcyattorney.com.