Many individuals shy away from filing for bankruptcy, even if their financial situation direly calls for it, because they fear that it will turn into a public affair. For instance, you may worry that your bankruptcy petition may call you to make some sort of court appearance. Read on to discover whether a bankruptcy filing requires a court appearance and how a seasoned Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq. can serve as your legal representative you during this time.
Does a bankruptcy filing require a court appearance?
Technically speaking, yes, your bankruptcy declaration may mandate your appearance in front of the New York bankruptcy court. More specifically, you will need to attend a 341 meeting. And this is regardless of whether you filed for Chapter 7 bankruptcy or Chapter 13 bankruptcy.
However, you may rest assured knowing that this matter will not be handled publicly. In fact, there will not even be a judge present at this time. Instead, this court appearance is meant to serve as an opportunity to educate you on what bankruptcy proceedings are ahead. It is so to ensure that your case moves along as efficiently as possible.
What can I do to prepare for the 341 meeting?
Of note, the 341 meeting is a critical step in your bankruptcy proceedings; so it is wise if you properly prepare for it. Without further ado, below are some events you should expect to occur during this meeting:
- You should expect to be sworn in under oath before the meeting commences.
- You should expect your bankruptcy trustee to definitely be in attendance, along with your creditors and debt collection companies to possibly be in attendance.
- You should expect to verify your identity by showing your government-issued photo identification, along with confirming your Social Security identification number.
- You should expect your bankruptcy trustee to ask any relevant, follow-up questions regarding the financial information provided in your petition.
- You should expect your bankruptcy trustee to judge your credibility and your ability to perform under a Chapter 7 or Chapter 13 bankruptcy plan.
Why should I have an attorney accompany me to the 341 meeting?
You may have never undergone the bankruptcy process, let alone made a court appearance before. On the contrary, an attorney may have years of experience in doing just that. What’s more, your attorney is allowed to attend your 341 meeting alongside you. So there should be no question as to whether they should accompany you.
In conclusion, we believe that legal representation from a competent Rockland County bankruptcy attorney is the best fit for you and your court appearance. So please get in touch with The Law Offices of Allen A. Kolber, Esq. as soon as you can.