Do You go to Court if you File Bankruptcy in New York City?

Do You go to Court if you File Bankruptcy in New York City?

The fear of going to court is so strong in some people that it will actually prevent or delay them from getting the bankruptcy help they need.  People in serious financial distress will avoid a free consultation with an attorney because of the ideas they have built up in their heads about having to go to court if they go through with filing for bankruptcy.   They picture themselves on a witness stand under an intimidating judge in a courtroom crowded with disapproving onlookers.  The reality in almost all bankruptcy cases in New York City however is that you will not be going to court at all.

Bankruptcy laws and the bankruptcy courts exist to help people get the second chance they need and that they are entitled to by law.  When you file for bankruptcy protection you are required to attend a “meeting of creditors”.  This meeting should not be confused with an episode of Law and Order.  It is an informal meeting, not a trial in a courtroom.  It usually takes about five minutes and will include you (and your attorney) and the bankruptcy trustee.  Usually, in New York City it’s very unlikely your creditors will even send a representative to the meeting.  They simply don’t care enough about your debt and can’t justify the expense in even sending someone there.  The meeting takes place in a conference room, not a courtroom.  There is no judge present.  So unless a creditor decides to send a representative there will only be three people in the room for your case: you, your attorney and the trustee.

Surely the minor stress of a 5-10 minute meeting with a bankruptcy trustee is nothing compared to the constant mental struggle of losing financial control and being underwater on your bills.  The purpose of the meeting is simply to verify your petition and all the necessary paperwork for the official record.  There is no cross examination or questions intended t trip you up, and your attorney will be at your side to ensure everything goes as it should. Beyond some basic credit counseling and financial management courses this meeting will pretty much conclude your responsibilities in order to receive your Chapter 7 Bankruptcy discharge.  If you are filing Chapter 13 instead of Chapter 7 you may need to attend a confirmation hearing but will not likely say anything.

With either Chapter 7, or Chapter 13 the actual “court” requirement is not nearly as intense as it has been rumored to be.  Your bankruptcy attorney will be ready and will have you prepared for anything the trustee might need in your case.  Don’t let the fear of brief meeting with the trustee delay you from learning more about the financial relief you are entitled to.

If you live in New York City and have questions about bankruptcy relief, please contact the Law Offices of William Waldner online or at 212-244-2882 for a free bankruptcy consultation today.   As of 12/9/2013 we have a 100% discharge record for Chapter 7 filings in New York City while striving to provide affordable bankruptcy help for all financially distressed New Yorkers.

This article is intended for educational purposes only. By reading this article no attorney-client relationship has been created.

 

 

The fear of going to court is so strong in some people that it will actually prevent or delay them from getting the bankruptcy help they need.  People in serious financial distress will avoid a free consultation with an attorney because of the ideas they have built up in their heads about having to go to court if they go through with filing for bankruptcy.   They picture themselves on a witness stand under an intimidating judge in a courtroom crowded with disapproving onlookers.  The reality in almost all bankruptcy cases in New York City however is that you will not be going to court at all.

Bankruptcy laws and the bankruptcy courts exist to help people get the second chance they need and that they are entitled to by law.  When you file for bankruptcy protection you are required to attend a “meeting of creditors”.  This meeting should not be confused with an episode of Law and Order.  It is an informal meeting, not a trial in a courtroom.  It usually takes about five minutes and will include you (and your attorney) and the bankruptcy trustee.  Usually, in New York City it’s very unlikely your creditors will even send a representative to the meeting.  They simply don’t care enough about your debt and can’t justify the expense in even sending someone there.  The meeting takes place in a conference room, not a courtroom.  There is no judge present.  So unless a creditor decides to send a representative there will only be three people in the room for your case: you, your attorney and the trustee.

Surely the minor stress of a 5-10 minute meeting with a bankruptcy trustee is nothing compared to the constant mental struggle of losing financial control and being underwater on your bills.  The purpose of the meeting is simply to verify your petition and all the necessary paperwork for the official record.  There is no cross examination or questions intended t trip you up, and your attorney will be at your side to ensure everything goes as it should. Beyond some basic credit counseling and financial management courses this meeting will pretty much conclude your responsibilities in order to receive your Chapter 7 Bankruptcy discharge.  If you are filing Chapter 13 instead of Chapter 7 you may need to attend a confirmation hearing but will not likely say anything.

With either Chapter 7, or Chapter 13 the actual “court” requirement is not nearly as intense as it has been rumored to be.  Your bankruptcy attorney will be ready and will have you prepared for anything the trustee might need in your case.  Don’t let the fear of brief meeting with the trustee delay you from learning more about the financial relief you are entitled to.

If you live in New York City and have questions about bankruptcy relief, please contact the Law Offices of William Waldner online or at 212-244-2882 for a free bankruptcy consultation today.   As of 12/9/2013 we have a 99% discharge record for Chapter 7 filings in New York City while striving to provide affordable bankruptcy help for all financially distressed New Yorkers.

This article is intended for educational purposes only. By reading this article no attorney-client relationship has been created.