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Do I Have to Go to Court?

Yes, but.there is nothing to fear. First off, if there was a big problem in your situation, you probably wouldn't be filing bankruptcy. Second, our experienced Indianapolis and Kokomo bankruptcy attorneys have handled hundreds...if not thousands of such Court appearances. He or she knows what to do and how to prepare you so that you don't get yourself in trouble. If properly prepared by your attorney, in the vast majority of cases, the Court appearance is basically nothing more than a formality.  About 30 to 40 days after you file the bankruptcy you will have to attend a hearing presided over by the bankruptcy trustee. This hearing is called the First Meeting of Creditors. The meeting is informal and generally only lasts 5 to 10 minutes. However, since there are usually 3-4 cases set at the same time as your case, you should anticipate spending your drive time to and from the hearing plus about 45 minutes for your name to be called and meeting concluded. Mostly, it's just sit and wait for your turn. At this hearing the trustee will ask questions under oath regarding the content of your bankruptcy papers, assets, debts and other matters. After the trustee is done, your creditors will be permitted to question you. Do not worry, your attorney will be there to represent you and your attorney will help you prepare for the hearing. Sometimes, after your hearing is over, various creditors will approach you to discuss the status of secured property or the your desire to retain a credit card. Your attorney will negotiate with them, with your knowledge and approval. After this hearing you will normally not need to return to court. However, if a creditor files a motion or an adversary action, most likely you will have to return to court. This is the exception and only your attorney can determine if this is likely to happen Chapter 7: Here is a sample of a few questions that may be asked: What is your name and address? Did you review the bankruptcy petition with your attorney at his or her office before signing? Did you list all of your debts? Did you list all of your assets? Are the schedules true and accurate to the best of your knowledge? Are there any corrections that need to be made? Have you ever filed a bankruptcy? What about in a Chapter 13 case? Generally, the Chapter 13 Trustee will ask the same questions as a Chapter 7 Trustee. However, Chapter 13 Trustee will generally also ask some additional questions. Chapter 13 is much more complicated than Chapter 7 and involves a fairly complex plan of repayment that extends over a period of 3 to 5 years. The extra questions usually center around the proper formulation and feasibility of your proposed Chapter 13 plan.