Bankruptcy – Will I have to go to court if I file?

If you file bankruptcy in Northwest Georgia, you will have to go to court with your bankruptcy attorney in Rome, Georgia.

When you file Chapter 13 bankruptcy, you must attend two court hearings.  The first is called the section 341 meeting of creditors and the second one is called your confirmation hearing.  If you have had a chapter 13 bankruptcy case dismissed within the past year, you may also be required to attend a motion to extend stay hearing.

Meeting of Creditors:  This hearing will take place about six weeks after your case has been filed.  During the hearing, the trustee will ask you questions about your case.  Your creditors will have the opportunity to attend the hearing and ask you questions as well.  Usually, the only creditor who attends these types of hearings are attorneys who represent car companies.  It is not uncommon to have the hearing without any creditors in attendance.  This meeting will take place in the Federal Courthouse  in downtown Rome.  This hearing will take place on the first floor.   I personally attend all chapter 13 meeting of creditors with you.

Confirmation Hearing:  This is the most important hearing for your case because the Judge will decide whether your case can go forward or if it will be dismissed.  I will personally attend this hearing with you as well at the Federal Courthouse in downtown Rome.  This hearing will take place on the third floor.

Motion to Extend Stay:  If you have had a case dismissed within the last year, you must have a hearing before the Judge within 30 days of the filing of your case.  If we don’t have this hearing, your bankruptcy protection will end.  One week after your case is filed, you must call our office and confirm the dates of all your hearings.  I will personally attend this hearing with you as well in the Federal Building in downtown Rome.

Meeting of creditors for Chapter 7 cases:  This is usually the only hearing you will have to attend in a Chapter 7.  You will be required to swear under penalty of perjury that the documents you submitted to the court are true and accurate.  In a Chapter 7 meeting of creditors, the trustee will focus on the assets you listed in your petition and ask if you have sold or transferred any assets within the last two years.

Other Posts:

1. What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

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