DO I HAVE TO GO TO COURT
“I really do not want to go to Court—ever. I’m pretty sure I want to file Bankruptcy but Court has me thinking twice. Must I go to Court?” Yes. There is a but here, though.
Yes, you must go to Court but this Court appearance does not have to be the frightening ordeal it can be if you are represented by an experienced attorney from RS Law. From beginning to end, we will be right there with you and turn this potential nightmare into a fairly a simple process.
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Typically, you must go to Court only once. This appearance in Court for Bankruptcy is also not like most other Court appearances. For instance, there is no Judge, no jury, no arguments, and no evidence. Generally, this meeting is short revisit recap of everything submitted in your bankruptcy paperwork at the start of this process, and maybe a few possible follow up questions the Bankruptcy Trustee may have.
The Bankruptcy Trustee is an attorney who has the job of reviewing your paperwork, assets, and debts as well as asking you questions. The Bankruptcy Trustee actually has more to their job description than that, but for our purpose of explaining it simply, we will leave it at that. For more information, you can visit https://www.justice.gov/ust.
The one and only Court appearance necessary is what is known as a “Meeting of Creditors.” The name is almost a misnomer because even though Creditors are actually invited to come to this meeting, most creditors choose to not attend. In the event, a few creditors decide to show, your meeting will be nothing to fear as long as you have proper representation. A Meeting of Creditors without representation, on the other hand, has the potential to be a total nightmare.
I have witnessed Debtors attempt to be their own advocate and while it is their right to do so, it is not an event for the faint of heart. I say this because this is battle unrepresented Debtors have no hope of winning because of how unnecessarily complicated the Bankruptcy Code is. Judge Keith M. Lundin was quoted saying:
“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!
ly a simple process.