Will I be required to attend a court hearing?

Full question:

Will I be required to attend a court hearing?

Answer:

Generally, every debtor will be required to attend at least one court hearing, often referred to as the 341 hearing. This hearing gets its name from the section of the Bankruptcy Code which authorizes such a hearing. It is also sometimes referred to as the "First Meeting of Creditors".

Creditors are notified of this hearing so that they may attend and question the debtor regarding assets and any other relevant matter. At this hearing, the trustee will review the petition of the debtor and also ask questions concerning any matter that may affect the debtor's right to discharge.

This review is used to understand the debtor's circumstances and to assist in the efficient administration of the case. The trustee will also ask questions of the debtor to ensure that he or she understands both the positive and negative aspects bankruptcy. Should the debtor not attend this hearing, the trustee has the authority to dismiss the case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, in most cases, the defendant must be present at court hearings related to their case. This includes hearings where they may need to respond to claims or present their side of the story. Failing to appear can lead to negative consequences, such as a default judgment against them.