Do I have to go to court?

Do I Have To Appear In Court?

In both Chapter 7 and Chapter 13 cases, each debtor must attend a “meeting of creditors”. The name implies that all the creditors will attend that meeting. However, only a few of the secured creditors normally attend. The hearings in North Mississippi are in Greenville, Southhaven, Oxford and Aberdeen.  The location of the meeting depends upon the county in which the debtor resides on the date of filing of the Bankruptcy. At the hearing, the trustee will ask the debtor some basic questions about information in the schedules (papers filed with the bankruptcy petition). In a Chapter 13, the trustee will review the Chapter 13 Plan and determine if payments have been made pursuant to the plan. Secured creditors that attend may inquire as to insurance on the collateral, how they are being treated in the chapter 13 plan or whether or not the collateral will be surrendered in a chapter 7.

One of our attorneys will attend the meeting of creditors with you and we will provide you with the normal questions you will be asked at that meeting.

In some cases (more often in reorganization cases such as chapter 13), a hearing to resolve a dispute will be held and a debtor will be required to attend that hearing.  However, most disputes are resolved or settled without the necessity of a hearing.  If a hearing is required, then one of our attorneys will help you prepare for that hearing and will also attend the hearing with you.

Post a Comment

Your email is never published nor shared. Required fields are marked *

You may use these HTML tags and attributes <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>