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Will I have to appear in court after filing my Everett bankruptcy?
What to expect in Bankruptcy Court.
Most likely, the only hearing you will have to attend in bankruptcy is called a “meeting of creditors” or “341 hearing”. At this hearing you will meet the trustee in your case who will swear you in and ask you a series of questions under oath. Of course, you should have your attorney with one of our Everett bankruptcy attorneys will also be with you. Though it’s called a “meeting of creditors”, it is rare for creditors to actually show up.
The main purpose is for the trustee to see you face to face, verify your identity with a photo ID and proof of your social security number, and verify the accuracy of your bankruptcy petition. Prior to your hearing, one of our Everett bankruptcy lawyers will review everything that you can expect in detail.
A Chapter 7 trustee is mostly concerned with recovering property to pay some of the debt back. So, it's absolutely essential to be 100% truthful with your Everett bankruptcy attorney throughout the process of preparing your petition. A Chapter 13 trustee is mostly concerned with making sure you are paying as much as required by law through your plan, and making sure it is a workable plan.
When will the hearing be scheduled?
The hearing is scheduled for one month after you file your case. Your hearing time and date is set by the court as soon as you file. The hearing usually only takes about ten minutes at the most, but you may have to wait for your turn for a while, usually no more than two hours. Your hearing will be held in Everett. And, again, one of our Everett bankruptcy lawyers will be there with you through every step in the process.
Before the hearing, the trustee will review your bankruptcy petition. You also must provide the trustee with your last filed tax return, 60 days of pay stubs and bank statements showing the activity the day you filed your case. If you do not get this information to the trustee in time, your case could be dismissed.
Your bankruptcy petition has to be as accurate as possible, but if you did omit something, the meeting of creditors is the time to mention it. If there is a problem or an issue that has come up, please be sure to discuss it with your Everett bankruptcy attorney BEFORE your hearing is called.
Sometimes the trustee will want more information from you after the meeting of creditors. However, in a Chapter 13, you will usually you have no more involvement with the trustee. In a Chapter 13, you will probably not deal with the trustee too much, but you will be sending him payments, which he pays out to creditors according to your plan.
Our Everett bankruptcy attorneys are able to provide you with peace of mind at your hearing due to our years of experience helping countless debtors. We take care of sending your documents to the trustee on time.
Our Everett bankruptcy lawyers will take care of any follow up and aggressively argue on your behalf if we think the trustee or a creditor is overstepping their bounds. Most importantly, we will skillfully set up your case so you are very unlikely to experience any nasty surprises.