El Paso, TX asked in Bankruptcy for Texas

Q: Do you have to go to trial if you file bankruptcy?

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1 Lawyer Answer
Mr. J. Thomas Black
Mr. J. Thomas Black
  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.

In chapter 7 cases, at least here in the Southern District of Texas, it would be very unusual for you to have a hearing or a court appearance in front of the judge, unless there is some sort of contested matter or unusual circumstance.

In chapter 13, it's possible you would have to appear at a hearing on confirmation of your plan, or to value collateral. But many people go all the way through chapter 13 cases and have never had to actually appear in court, much less attend a trial.

Juan B Hernandez agrees with this answer

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