Detroit Bankruptcy Lawyers: Will I Have To Go To Court If I File Bankruptcy?

We have all watched some sort of legal show on the television or in the movies and watched the courtroom drama unfold right before our eyes. Most of these shows involve a prosecutor or defense attorney really pounding on the witness, who then breaks down and admits to everything. We lawyers call this a “Perry Mason” moment. So most of our clients wonder if this is going to happen to them if they file bankruptcy. No, this will not happen to you. You should not have to go to court if you file a Chapter 7, even though a  bankruptcy judge is assigned to your case. the judge will probably never see you or your case. If you live in the Eastern District of Michigan, then you will have to go to the U.S. Bankruptcy court for your “341” meeting. This will involve the U.S. trustee, and or your creditors, if they decide to show. There is no judge, court reporter, bailiff, or clerk. In a straightforward Chapter 7, this will be the only hearing you will have to attend. However, your creditors may file what is called an Adversary Proceeding against you. The Adversary Proceeding is like a lawsuit, and will be heard in front of your bankruptcy judge. But in a vast majority of the cases filed, no Adversary Proceeding is filed. In our practice, these are extremely rare to non-existent. An example of an Adversary Proceeding that is filed would be a fraud action, where a debtor may have ran up his credit cards the day before filing their bankruptcy case. In a Chapter 13 case, you will usually not go to court. You will have to attend a “341” Meeting, like in a Chapter 7, and there will be a bankruptcy judge assigned to your case. There may be a slight chance you will have to attend a confirmation hearing on your case, unless your plan is fast-tracked and confirmed without a hearing. Don’t worry, most cases we file are fast tracked. The confirmation hearing will be held in front of your bankruptcy judge. During your bankruptcy, you more than likely will not have to be in court, in front of a judge, and with all the world watching you (not really, no one goes to watch a bankruptcy case). There will not be a lawyer screaming at you, twisting your words around forcing you to yell back “You can’t handle the truth!” (Jacks Nicholson in one of my favorite lawyer movies “A Few Good Men”). call your Detroit bankruptcy Lawyer at (586) 439-4297, Extension 0 and set up your free consultation to learn more about your bankruptcy rights, or visit us at www.johnsonwilk.net.

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