People who need to file bankruptcy are often concerned about the legal process. It is true that bankruptcy is a complex area of law, but it is not a courtroom battle with your credit card company. In fact, generally speaking, it’s a cooperative process.
The majority of cases are completed without conflict or dispute. Bankruptcy is a legal remedy to get out of debt. It is not a contentious fight with your creditors.
Erasing debt through bankruptcy is your legal right, and so long as your petition and schedules are in order and you otherwise qualify for bankruptcy protection, there is little your creditors of dischargeable debt can do to prevent you from receiving a bankruptcy discharge order and erasing the debt owed to them.
Attending the Meeting of Creditors
Most people who file will not have to go to court, though everyone who files (with rare exception) must attend the Meeting of Creditors. Also known as a “341 Hearing,” this meeting is not a court hearing, does not take place in a courtroom, and there is no judge present.
The Meeting of Creditors is presided over by the bankruptcy trustee assigned to administer your case. It is an opportunity for him or her to confirm that you are who you say you are and to question you under oath about the information contained in your petition.
Your creditors will be notified of the date, time, and location of the Meeting of Creditors and they have the right to attend the meeting. However, creditors rarely attend the meeting.
In the unlikely event, one of your creditors does attend the meeting, the creditor’s representative cannot grill you, harass you, or threaten you. They are permitted only to ask you questions pertaining to your bankruptcy petition, and the nature and location of your assets.
Throughout the process, nobody is going to demand an answer as to why you have filed bankruptcy. Filing for protection is your legal right.
Conflicts Are Rare in Bankruptcy
While conflicts in bankruptcy are rare, not all conflict can be avoided. Some of the most common conflicts that may arise in a bankruptcy case involve the transfer of assets made prior to filing, new debts incurred immediately before filing, the valuation of assets, and questions on income and deductions listed in the means test.
An experienced bankruptcy attorney will strive to avoid unnecessary conflict. Certainly, not all conflict can be foreseen, but your attorney can analyze the specifics of your case to identify areas of potential conflict prior to filing and the best ways to avoid potential disputes.
Working with Our Law Office
We strive to make the process as smooth as possible for our clients. We will gather all the facts about your case, about your debts, assets, income, expenses, and other information relevant to your bankruptcy case.
The team at The Law Office of Barbara B. Braziel, are committed to helping people get out of debt and gain the financial freedom they deserve. All we do is bankruptcy law. We invite you to learn more about who we are here. If you live in Savannah, GA or the surrounding areas and have questions about your debt relief options, let’s meet for a free consultation.
Find out more about Bankruptcy in our guide: All About Bankruptcy.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.