DO I HAVE TO GO TO COURT?
“I think I want to file Bankruptcy but I really do not want to go to Court. Do I have to go?” The short answer is yes. The longer answer is that yes you must go, but this Court appearance does not have to be a nightmare if you hire an attorney from RS Law. We will be at your side and turn this potentially terrifying experience into a simple process that will be more of a slight inconvenience to you than anything.
The good news is that you typically must go to Court only once. This Court appearance is also not like other Court appearances. There is no judge. There is no jury. This meeting is typically a brief recap of everything submitted in your bankruptcy paperwork and possibly a few follow up questions the Bankruptcy Trustee may have. The Bankruptcy Trustee is a court official who has to job of reviewing your paperwork and asking you questions. They do more than that but for the purposes of this explanation, we will keep it simple. For more information, you can visit https://www.justice.gov/ust.
This Court appearance is technically called a “Meeting of Creditors.” Do not let the name scare you because although Creditors are invited to come to this meeting, most creditors do not attend. With proper representation, a Meeting of Creditors is nothing to fear. However, without representation, your Meeting of Creditors could be a complete nightmare.
If you filed your bankruptcy on your own, there is a good chance you have misinterpreted the law and filled out your paperwork incorrectly. There is a greater chance still you did not take the proper exemptions to protect your property or the proper steps to ensure your property is protected. I have witnessed Debtors attempt to represent themselves and it is not an easy thing to witness. This is nothing against them, but rather a commentary on how convoluted the Bankruptcy Code is. Hey, don’t take it from me, take it from Judge Keith M. Lundin who said this:
“Unquestionably, [the] most poorly written piece of legislation that I or anyone else has ever seen. No one has ever seen a piece of garbage like this. There’s going to be the most fantastic anarchy in bankruptcy courts for years.”
Whether you have decided you need to file or are still looking for some education on the subject, call RS LAW today to schedule your free consultation.