If I File for Bankruptcy in California, Will I Have to Go to Court?

Although most of us enjoy watching courtroom dramas in film and television, a great majority of people would just assume not have to go to court in real life.  Fortunately, in most all Chapter 7 and Chapter 13 Bankruptcies, there is little chance you will have to appear in court.

341 Meeting

If your Bankruptcy is like the majority other typical filings, you won’t be going to court or appear before a judge. What you will need to appear for is a 341 Meeting of Creditors, and if you have an attorney, they will be with you at the hearing. This hearing is held in a regular room, not a courtroom.

The purpose of your 314 Meeting of Creditors is to give your creditors’ an opportunity to be heard on your bankruptcy petition.  The meeting is hosted by the Trustee or an assistant of the Trustee assigned to your case.  The Trustee will likely have many more cases scheduled than just yours.

You will be called to a table, put under oath, and asked basic questions about your petition, your financial situation, and if there have been any changes in your financial circumstances since your petition was filed. If any of your creditors have appeared, they will have an opportunity to speak as well. Your hearing will typically only last a few minutes or so, and your attorney will be there to help with the answers.

Chapter 13 Confirmation Hearing

After that, if you are filing a Chapter 7 Bankruptcy, and yours is a typical case, you won’t have to make any other appearances.  If you are filing a Chapter 13, there will be a confirmation hearing, which most of the time, only your attorney will need to attend.

If You're Still Scared

If you have anxiety or are nervous about having to go to court, don’t sweat it. In the vast majority of bankruptcies, it will not be necessary. There is always the possibility that you’ll have to appear in court for a hearing, but in most cases it doesn’t happen. In the event you do, hopefully you can take comfort in the fact you have an experienced attorney with you, who will make sure you’re well prepared, making your experience as stress-free as possible.