Bankruptcy: How Many Times do I Have to Go to Court?

File BankruptcyOne concern many of my clients express at our initial consultation is how many times they will have to go to court.  The reason for this concern is usually that having to attend court means missing work.  If someone is already having trouble with money then missing work can exacerbate the problem.  I also suspect many of my clients are also nervous about having to speak to a judge or public speaking in general.  I read somewhere that public speaking tops the list of phobias, beating out other common fears such as death, snakes, and spiders.  I completely understand.  It is not unusual to see an attorney speaking in court that is visibly nervous doing so even though they may do it regularly.  For someone who does not have experience with speaking in court, it can be a very uncomfortable experience.

The good news is that in a north Texas bankruptcy case, debtors rarely have to attend court.  They meet with a trustee one time, which is a much less formal proceeding that a hearing in court.  In Chapter 7 cases the meeting with the trustee is the only meeting/hearing that takes place in most cases.  In Chapter 13 cases there are additional hearings for confirmation, TRCC, and sometimes objections to claims and motions for relief, but in most cases attorneys can attend these hearings without having their clients present.

Confirmation and TRCC are usually resolved by submitting documents so no testimony is needed at the hearing.  In fact, a formal hearing usually doesn’t take place.  In most cases all matters pertaining to confirmation of the plan and TRCC are resolved at prehearing conference which is attended by the debtor’s attorney.  Motions for relief and objections to claims are supported by the debtor’s affidavit.  These affidavits are prepared by the debtor’s attorney and attached to the objection to claim or the response to the motion for relief.

For more information about bankruptcy in north Texas contact an Allen TX bankruptcy lawyer.