Do I Have to go to Court if I File for Bankruptcy?
Debtors must attend a meeting of creditors, also known as a section 341 hearing. They testify under oath that the details provided in their bankruptcy file are correct, usually near the courthouse and presided over by the bankruptcy trustee.
The 341 meeting is typically mild and only lasts a few minutes in most Chapter 7 cases. If you opted for Chapter 7 or Chapter 13 bankruptcy, the attorney would accompany you to the session. Being straightforward and honest with Utah Bankruptcy Attorney is crucial to your success.
When Is It Necessary to Appear in Bankruptcy Court?
Although a court appearance is unlikely in a West Jordan bankruptcy filing, debtors should be aware that filing for bankruptcy entails more than merely completing paperwork.
When a trustee objects to one of the debtor’s exemptions or the judge orders them to appear and show cause, a bankruptcy case can quickly devolve into litigation, with the debtor forced to appear in court. In addition, an adversary procedure will almost always necessitate a court appearance.
A debtor will indicate which of their assets are exempt under bankruptcy regulations when filing for bankruptcy. It enables the debtor to preserve their home, automobile, retirement money, and other valuables.
Show Cause Order
A show-cause order commonly occurs in cases of contempt, where the debtor faces jail time. Its primary use is for troublesome debtors who have lied to the court or debtors who have forgotten a step during their bankruptcy application. It is where a knowledgeable bankruptcy attorney West Jordan Utah, comes in handy.
These are lawsuits that are filed independently of your bankruptcy case, even though they are related. When someone in bankruptcy, including the debtor, requires relief through a judge’s order, the court might launch an adversary proceeding.
Types of adversary proceedings include:
- Fraudulent transfers
- Preferential transfers
- Lien stripping
- Discharge ability of debt
- Joint property sale
- Objection to discharge
How a Bankruptcy Lawyer Can Help
At Alta Legal, our Bankruptcy attorney West Jordan UT, serving Salt Lake City, Taylorsville, and West Jordan, knows the intricacies of the court system and will work hard to ensure you do not appear before a court. If you already made an error, we’ll be happy to help you correct it and get your life back on track.