Tuesday, July 26, 2016

How Many Times Will I Have To Go To Court If I File Bankruptcy?

Most people don’t go to Court every day, so if you are summoned to the Courthouse it is only natural to be a little apprehensive or wonder what to expect. This is especially true if you have filed bankruptcy and are already nervous about not being able to pay your bills. In our experience most everyone that seeks the protection of bankruptcy is a good person who has just come upon hard times, and this makes it all the more difficult to go to Court and face a Judge or the bankruptcy Trustee to have your finances examined. The fewer times you have to appear in Court, the better as far as most litigants are concerned 

The number of times you will have to go to Court if you file bankruptcy depends on the specific facts of your case, but everyone who takes advantage of the bankruptcy laws is required to show up for what is called a 341 meeting and can expect at least the following at that time:

          Be prepared to provide proof of identity.

          Have at least 3 to 6 months’ worth of paystubs with you as well as copies of at least the last 3 years tax returns.

          Expect that at least your auto or home lender will be present and ask you what your intent is with regard to your loan with them, meaning you will need to advise the lender if you are going to surrender the car or vacate the home, or will be keeping those things and reaffirming the debt.

          Your attorney will ask you questions about why you filed bankruptcy and whether any of the debt you have was acquired with the intention to never repay it but to file bankruptcy instead.

The 341 meeting takes place in front of the Trustee assigned to your case, and you will not see a bankruptcy judge at this time. The process usually takes about 30 minutes and we will prepare you well in advance of your hearing. As long as you come to the Courthouse with the documents needed you should not have any hiccups at your 341 meeting. In addition to the documents showing you are who you say you are, and your financial information it is also advisable to bring copies of your car titles and house papers. Our office will make sure you know exactly what to bring and where to be, so you feel confident and prepared for this hearing.

For more information about going to Court during your bankruptcy case, call us today or reach us online at www.law-ri.com.

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