Will I Have To Go To Court?

Everyone who files for Chapter 13 bankruptcy must appear at least once before the Trustee assigned to the case. This meeting is known as the 341 meeting of creditors as referenced in section 341 of the U.S. Bankruptcy Code. The purpose of the meeting is to have the debtor submit to an oral examination under oath before the Trustee assigned to the case. Creditors do have an opportunity to appear and ask brief questions; however, seldom do any creditors appear. Although this is not technically a court date before a Judge, most debtors’ attorneys will refer to this meeting as a court date.

Provided that the 341 meeting is held without a second date, the debtor will not likely have to appear for any further hearings. The attorney for the debtor will stand in court and represent the debtor from that point forward. The confirmation hearing date is one such date where the attorney for the debtor will stand before the court and request that that the case be confirmed. A confirmed case is one where the terms of the debtor’s plan are accepted by the court and become binding on all creditors. If the trustee is not recommending confirmation of the debtor’s plan and if the court will need to hear arguments, then it would be best to have the debtor at the confirmation hearing for evidence purposes.