Bankruptcy Court Hearings V-7
See Transcript Below
Bankruptcy Court Hearings
The following is an adaptation of the transcript for the Bankruptcy Court Hearings Video-7.
Depending on the chapter of your bankruptcy, case and its complexity will usually determine whether you will need to have a Bankruptcy Court hearing. You may also be required to appear at hearings before the bankruptcy judge.
In a Chapter 13 case, you may only have to appear at the hearing for the confirmation of your Chapter 13 bankruptcy plan. Sometimes you will not have to appear even then. It depends on the circumstances and the facts of your individual case.
In a Chapter 7 case, you typically will not have to appear in court, and will not see the judge unless an objection is raised or you have out of the ordinary facts that require a hearing. In a Chapter 7 case the 341 Meeting of the Creditors is usually the only hearing you will need to attend.
If you want to keep a particular piece of property that has a lien on it, such as a vehicle, furniture or jewelry, you will usually have to sign a reaffirmation agreement with the secured creditor. If you represent yourself, you will have to attend a hearing at the federal courthouse before a bankruptcy judge so that he or she can question you as to the wisdom of keeping that particular debt. You will normally not have to go to court if you have an attorney that represents you. You and your attorney would discuss the wisdom of reaffirming the debt and he or she would handle all of the necessary paper work for you.
As a general rule, the less debt you reaffirm, the easier your rebound to a fresh start. If you reaffirm a debt and later are unable to make the payments, the creditor can usually repossess the property and sue you for the difference between what you still owe under the contract and the quick-sale value of the property involved.
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There is usually only one hearing you have to attend in a bankruptcy case.