Park Ridge Bankruptcy Attorney Describes Your Court Date

You do have to go to court after you file bankruptcy, either Chapter 7 or Chapter 13 states Park Ridge bankruptcy attorney.  Section 341 of the United States Bankruptcy Code mandates that you appear before a bankruptcy trustee under Section 343 to answer questions based on your information, your assets, your liabilities and your statement of financial affairs.  

You do not have to fear this court date.  You are typically going to be there in the presence of your attorney, in front of the trustee and maybe a creditor or two but most times no creditors at all.  You will have 4 to 6 weeks’ notice of this court date so you can plan accordingly.  If you need to get off work or if you have some other event that you have to attend, you can show that person or place that official notice from the Bankruptcy Court saying the date, time, location of when you need to appear.  

If for some reason you have an emergency and you can’t make your one meeting before the creditors, then in most jurisdictions, your attorney will be able to communicate with the trustee and acquire a second date.  In some jurisdictions, acquiring a second date is more difficult than others.  In some jurisdictions, they make you bring a motion before the court.  In the Northern District of Illinois, most of the trustees are willing to give a second date as long as you have a valid reason and you request it kindly.  If you miss a second court date, then the trustee is typically going to bring a motion to dismiss because you are not complying with the provisions of the Bankruptcy Code.  

Your attorney will guide you at that meeting and advise you on the types of questions that are going to be asked of you and you should not be fearful of any of those questions.  If you have provided valid, legal, honest information to your attorney, then you have nothing to fear.  It is only people who are dishonest and who are hiding assets or not being 100% accurate with their income and assets that should worry that the trustee might uncover some information or an asset that could be administered for the benefit of creditors. 

So once again, you do appear one time at a 341 Meeting of Creditors and you will testify pursuant to Section 343 of the United States Bankruptcy Code.