Will I Have To Go To Bankruptcy Court After I File Chapter 7 or Chapter 13?
After filing bankruptcy, you will be required to go to bankruptcy court after filing a chapter 7 or chapter bankruptcy. All debtors must appear at the meeting of creditors. Some will need to appear to reaffirm car debt.
1. Bankruptcy Court's Meeting of Creditors
When filing a personal bankruptcy under a chapter 7 or chapter 13, you will be obligated to attend the "meeting of creditors." A "meeting of creditors" is not in front of a judge. --That's good news!-- Instead, you are examined by a trustee. For meetings held at the Fresno Federal Courthouse, there are 5 different trustees that run the meetings. These trustees have legal or accounting backgrounds.
Do you want to know where Fresno's bankruptcy court is located and details of what happens at a meeting of creditors? Here is a link to one of my more popular articles:
What to Expect At Meeting of Creditors at Fresno's Bankruptcy Court
Usually the creditors meeting takes place between 20 and 40 days after filing chapter 7. Chapter 13 meeting of creditors occurs a few weeks later.
The main goal of the meeting of creditors is for the trustee to ask questions of the debtor related to their financial condition. They want to see whether the debtor has any non-exempt assets that can be sold and paid to creditors. They also want to ensure the debtor is being honest about their financial situation. The meeting is set with other debtors. On average, the meeting lasts about 5 minutes. Some meetings, however, can last longer if there are complicated issues involved. Meetings can last longer because the debtor is represented by an unprepared attorney, or if the debtor is not represented by an attorney at all.
The meeting permits the trustee to review the debtor's petition and schedules with the debtor face-to-face. The debtor is required to answer questions under penalty of perjury.
2. Reaffirmation Hearing
Do you own a car with a loan? If so, your car loan is secured to the car, which means the creditor can repossess the car if you breach your contract. Most car creditors have the right to repossess the car, even though the debt owed to the car is discharged.
If you wish to keep your car, you will need to decide whether to "reaffirm" the debt. A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. The agreement must generally be filed within sixty (60) days after the first date set for the meeting of creditors, but before the discharge is entered. You do not have to reaffirm a debt. This is a voluntary agreement.
If you decide to reaffirm your secured property, like your car, the protections of the automatic stay are terminated. Since a reaffirmation agreement takes away some of the effectiveness of your discharge, legal counsel is advisable before agreeing to a reaffirmation.
If you are not represented by an attorney, you and the creditor will file an application for approval of the agreement, along with a request for hearing. An order approving the agreement should be brought to the hearing. You must appear in person at the hearing. The judge will ask you questions to determine whether the reaffirmation agreement imposes an undue burden on you or your family and whether it is in your best interests. The judge will only reaffirm those secured debts that you can afford and is important to you to make a living. The judges in Fresno do not reaffirm home loans.
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