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Law Offices of Christopher A. Benson, PLLC

When I file a bankruptcy, do I have to make a Court Appearance?

  • By: Christopher Benson
  • Published: August 5, 2014

When you say “bankruptcy court,” most people conjure up images from Law & Order or dark courtrooms, scowling judges and dour opposing counsel. However, when it comes to bankruptcy court, most people do not have to appear before a Judge. They meet with the Trustee assigned by the Bankruptcy Court instead.

Usually, the only time you have to appear in your bankruptcy case is at the Meeting of Creditors (often called the 341 Meeting). At that meeting you will also need to provide a photo identification and a third party verification of your full social security number, such as your social security card.

In bankruptcy cases, you will have to testify under oath that the information you have given about your debts is honest and accurate. You have to list all of your assets and list all of your debts as well as other financial events that may have occurred.

The trustee will ask you some questions about your financial background, property and your debt. The more open and honest you are with your attorney, the faster this meeting will proceed.

You will have to appear in court if a creditor objects to an exemption that you are claiming, or if a judge orders you to appear. You will also be required to appear if you file an adversary proceeding, which is when you file a lawsuit against one of your creditors.

Over the past 32 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can stop your garnishment and change your monthly payments for all your combined unsecured debt, and if you have had more than $600 garnished within the last 90 days, we can get all of the money back in most cases. But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.

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