Will I Have To Go To Court After I File Bankruptcy?

After filing bankruptcy, there are two main scenarios when you will need to go to court after you file bankruptcy.  While there are others, those are less common and not mentioned in this article.      
1. 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, the meeting is in front of a "trustee".  For meetings held at the Fresno Federal Courthouse, there are 5 different trustees that run the meetings.  These trustees are presenting private practicing lawyers and accountants.  The meeting usually occurs between 20 and forty 40 days from the date the debtor filed the bankruptcy petition.
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.  
Photo: Phil Roeder at Flickr