Do You Have to Go To Court If You File Bankruptcy?

Florence Bankruptcy AttorneyThis is another very common question that I answer almost every day.  The short answer is “Yes”, at least one court appearance is required in every Bankruptcy case.  But don’t worry! These hearings are usually low-key and don’t take all day.

When is my Court Date and What Happens There?

Your court date will be within 30 days of the date your case was filed.  The Court will mail you an official notice of the date, time, and location of the meeting. These notices are usually mailed the day after you file, so you should get that notice in the mail within 7 to 10 days after filing.  For most people this is generally enough time to schedule some time off work if needed.

The hearing you will have to attend when you file for Bankruptcy relief is called a Section 341 Meeting of Creditors.  It is known as a Meeting of Creditors because it is a designated date for you to meet with the Bankruptcy Trustee and the representatives of any creditors who want to attend the meeting.  Primarily the meeting is for you and your attorney to meet with the Trustee, who is going to be the person running the meeting.  There is not a Judge present at the Meeting of Creditors, and in many cases you may never have to be in front of a Judge to complete your case.  The Trustee will have several questions for you to answer under oath. The Trustee’s questions will typically be straightforward questions about your home finances such as “Have you filed your tax returns for the last 4 years?” or “Do you have insurance on your vehicles?”.

When the Trustee is finished with his or her questions (which usually only takes about 2 to 3 minutes or so), any creditors who are present also have the right to ask questions.  Generally only secured creditors will come to the Meeting of Creditors.  These Creditors are primarily interested in making sure their collateral is protected, so you can expect questions like “Has the vehicle been in a wreck?” or “Do you have homeowners insurance on the property?”.  Don’t worry that the Creditors are going to try to harass or bother you at the Meeting with personal questions.  Your attorney and the Trustee will be there to make sure that doesn’t happen.  Altogether, at a typical Meeting of Creditors, the meeting itself will only take about 5 to 10 minutes.

What if I Can’t Come to my Court Date?

Sometimes a person can’t take time off work, or there is a death or illness in the family, and a person cannot get to court for their 341 Meeting.  If something happens and you can’t attend your court hearing, be sure to let your attorney know immediately.  Generally he or she can request a new date from the court and reschedule the hearing so long as the Trustee agrees.  Many Trustees will agree to move a 341 Meeting one time.  They understand that sometimes life doesn't follow a predictable schedule.

What Happens After Court?

What happens after your court date is over depends on what kind of bankruptcy case you filed.  In a Chapter 7 case, the 341 Meeting is usually the only court date that occurs.  After about 45 to 60 days from the date of the Meeting you should get your discharge if everything else with the case went smoothly.  In a Chapter 13 case there is a second court date called a Confirmation Hearing.  However, your attorney can generally handle this meeting on your behalf without you being present.

Many people are nervous or upset at the prospect of having to be in a courtroom.  At each of our Bond & Botes affiliated offices you’ll find friendly and experienced attorneys who are used to being in court on a weekly basis, and we’ll be happy to help you navigate the bankruptcy process.  If you think bankruptcy may be the right financial move for you, please contact us to set up a free consultation about your situation.

Share This Page

Bond & Botes Law Offices

At Bond & Botes, we now offer full service bankruptcy consultation and filing over the phone or by video from the comfort and safety of your home or office. Please call 1-877-581-3396 or click here to setup your free phone or video consultation.

The lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi. Read our disclaimer here. You can view our Privacy Policy here.

Alabama Offices

Birmingham

2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200


Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200


Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010


Huntsville Location
225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899


Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363


Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447


Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580


Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195


Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666


Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559


Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866


Mississippi Offices

Jackson Location
5760 I-55 North, Ste 100
Jackson, MS 39211
Phone: (601) 353-5000


Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 264-7200


Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

© 2024 by Bond & Botes Law Offices. All rights reserved. Disclaimer | Privacy Policy