Redmond, OR asked in Bankruptcy for California

Q: Can personal bankruptcy be handled without court appearance.....

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1 Lawyer Answer
Ute Ferdig
Ute Ferdig
  • Newcastle, CA
  • Licensed in California

A: You will have at least 1 court appearance known as the 341 creditors meeting. It's a brief meeting with the bankruptcy trustee who will ask you a few questions. If you file a chapter 13 petition (as opposed to a chapter 7) you may also have a hearing to address problems with your proposed payment plan. Due to the high # of cases each judge has on his/her calendar these days, many will issue tentative rulings and you don't have to appear unless you want to be heard by the judge. The tenantive rulings can be looked up the day before the hearing. Unless your case is more complicated, the # of court appearances is very low. In my experience, bankruptcy cases are either fairly simple or they are complex. There does not seem to be any middleground. Without knowing sufficient details, it's impossible to know whether your case is simple enough for you to do it yourself or whether you should hire an attorney. It's very important that you follow all the rules and laws and complete your paperwork properly to avoid getting your case dismissed. You should also familiarize yourself with the local bankruptcy rules as they may have additional requirements specific to the court in your district. I hope this helps.

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