Do You Have to Appear in Court When Filing for Bankruptcy?

If you are wondering whether or not you will have to go to court for your bankruptcy case, the short answer is yes. However, your required visit to file will not be in front of a judge.

You will be required to attend a "341 meeting," named after the section of bankruptcy code that requires it. This is where the creditors that are involved in your case are invited to come to court to air their grievances against you. This usually occurs about thirty days after you first file for bankruptcy.

There is a trustee that is responsible for leading the meeting. He or she will ask you questions, under oath, about your assets and liabilities. Creditors can then discuss the amount of money they claim that you owe them. This is not an inquisition but rather a fact-finding meeting that is an important part of the bankruptcy process. At this meeting the debtor is not required to defend their bankruptcy, only present the facts in their case.

However, if facts come to light that are of concern to the trustee than a motion can be filed or an adversary proceeding ordered to bring the case before a judge.

Wondering what happens when you file for bankruptcy? You may have questions that a Chicago bankruptcy lawyer can easily answer for you.  Contact our legal team now!