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FAQ: Will I have to appear in Court?

In most bankruptcy cases, you only have to go to a proceeding called the "Meeting of Creditors" to meet with a bankruptcy trustee and any creditor who chooses to come. This meeting is usually a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation. Upon the filing of a Chapter 7 petition, a Meeting of Creditors is scheduled by the Court, which takes place one to two months after the petition is filed. If the petitioner is represented by counsel, the attorney will sit with the petitioner and provide assistance when needed. The trustee will tape record this meeting as he/she swears in the debtor. He/she will ask if the debtor read the petition before signing it, and if the signature on the petition belongs to the debtor.

Additional questions such as the following may be asked:

1) How did you get into financial trouble?

2) During what period of time were your debts accrued?

3) How did you value your house (if applicable)?

4) Do you have the right to sue anybody?

5) Does anyone owe you money?

6) Do you expect to receive any moneys in the near future from tax returns, inheritance, or any other source?

7) Have you transferred any real or personal property to others within the last year?


These questions are designed to help the trustee determine if the debtor possesses assets that can be distributed to creditors, and if the debtor is honest in filing the petition in good faith. Creditors may also appear at the meeting to ask questions, but this rarely happens. The Meeting of Creditors usually takes no more than five minutes to complete.

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Home |  What Happens to Second Mortgage in Chapter 7? |  Lien Stripping Chapter 7 |  Chapter 13 Lien Stripping Second Mortgage |  Can a Second Mortgage be Discharged in Bankruptcy? |  Eliminating the Second Mortgage |  Second Mortgage and Bankruptcy in Chapter 7 |  Bankruptcy and 2nd Mortgage |  Lien Stripping Second Mortgage Chapter 7 |  Chapter 7 Bankruptcy |  Chapter 7 Bankruptcy Exemptions |  Keeping Your Business Through Chapter 7 Bankruptcy |  Small Business Chapter 7 Bankruptcy Relief |  Chapter 13 Bankruptcy |  Chapter 13 Lien Stripping  |  Chapter 13 Bankruptcy Trustee Information |  What To Do If You Are Being Sued |  Wage Garnishment Creditor Harassment |  Predatory Lending |  Contact Us |  About Us |  Book Your Consultation |  FAQ |  Partners |