Bankruptcy is a legal remedy to get out of debt. Bankruptcy is not a courtroom battle.
In fact, for some people the decision to file for bankruptcy is more difficult than the bankruptcy process itself.
The Bankruptcy Process
We strive to make the bankruptcy 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. In general, we strive to avoid unnecessary conflict.
The Meeting of Creditors
Most of our clients ask us if they will have to go to court after filing for bankruptcy. The answer is that most debtors will not have to go to court. However, every person who files for bankruptcy must attend the Meeting of Creditors. While the name of this meeting is intimidating, rest assured that it is not as frightening as it sounds.
The Meeting of Creditors is not a court hearing and does not take place in a courtroom. It is conducted by the Bankruptcy Trustee assigned to your case, and there will not be a judge present.
Your creditors will be notified of the date, time, and location of your 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, know that they cannot grill you, harass you, or threaten you. They cannot demand an answer as to why you have filed for bankruptcy. They may only ask you questions pertaining to your bankruptcy petition, and the nature and location of your assets.
To learn more, read our Survival Guide to The Meeting of Creditors.
Conflicts That May Arise in Bankruptcy
Of course, not all conflict can be avoided. The most common conflicts in bankruptcy cases involve: the transfer of assets made prior to filing, the valuation of assets, questions on income and deductions listed in the means test, or creditors who violate the automatic stay.
And of course, not all conflicts can be foreseen, but an experienced bankruptcy attorney will analyze the specifics of your case to identify areas of potential conflict prior to filing and the best ways to avoid potential disputes.
For some tips on how to choose the right bankruptcy attorney, read our article here.
Most Bankruptcies Are Completed Without Conflict
Bankruptcy is not a contentious fight, a courtroom battle, or an adversarial process. Bankruptcy is a legal remedy to get out of debt. Most bankruptcies are completed without conflict or dispute.
Explore How Bankruptcy Can Help You
We’re committed to helping people get out of debt and gain the financial freedom they deserve. 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.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.