When a potential client’s come to see us one of the first questions they ask is, “Do I have to go to court?” For some reason, clients are always extremely nervous to go to court. Non-English-speaking clients normally tend to be the most nervous because they are worried, they won’t be able to understand the court questions or procedure. One of the things that I tend to do is have my clients arrive at least a half hour before their meeting with the trustee to go over their petition. I always tell my clients that as long as they are open and honest with me and the trustee, they have nothing to worry about! So how does the process work?
Filing your Bankruptcy Case:
After we have prepared your bankruptcy petition we will file your petition with the court. Bankruptcy law is federal which means you will go to the nearest Federal Court near your domicile. Once we file your case you will get a notice in the mail, telling you the date, time and location of your bankruptcy court date. This is called the 341 Meeting.
What Happens At Court?
When we arrive at court your meeting will take place in front of a bankruptcy trustee. The bankruptcy trustee is an attorney, not a judge. The trustees’ job is to represent your creditors and make sure that you are not hiding assets or committing any type of fraud with respect to your bankruptcy petition. Our clients very rarely experience any trouble at the 341 hearing. At the meeting creditors are given the option to object to your discharge fortunately, it is extremely rare that creditors come.
On the day of your hearing, you will be in a room waiting to be called with everyone who is filing bankruptcy. Once you are called, you and your attorney will go up to a desk and meet briefly with the trustee. The trustee will ask you for your proof of identification and your social security card. After showing your proof, the trustee will begin to ask you questions regarding the petition that was filed. Occasionally, the trustee may ask you for additional documents or information.
If everything goes well at the 341 hearing the trustee will close the hearing. Within 3 months of the hearing, you should receive your discharge papers if everything went well.
If, however, you filed a chapter 13 bankruptcy, you will have to attend a plan confirmation so that your monthly payment plan can be confirmed.
How to Avoid Stress at Bankruptcy Court?
If you do not speak English, it is OK! Your attorneys can request a translator so that you will be able to understand what is going on at the hearing. You cannot make statements under oath without knowledge what you are being asked so, please make sure to tell your attorney if you would like to have a translator present the day of your hearing.
It is important that you are open and honest with your attorney. One of the worst things that can happen is finding out something at the hearing that we were unaware of prior to. Unfortunately, this is not the best time to be surprised. It is your job to make sure that you tell the truth. It is our job to be able to represent you the best we can, the only way to be able to provide you with the best representation is by you being honest with us.
Our Attorneys represent clients at 341 meetings anywhere from two to three times a week. Our job is to ensure that you feel comfortable when you go to court. We understand that this process can seem intimidating, but we are here to make sure you feel somewhat prepared and less anxious! Our attorneys will also go over with you some of the questions that you may be asked at the hearing.
Call us today for a free consultation to determine if you qualify for bankruptcy. Our New York and New Jersey bankruptcy attorneys can discuss your options to help you determine if bankruptcy is the right solution for you.