Bankruptcy Hearing -- What to Expect in Court

Types of Bankruptcy Hearings

There are several types of hearings in bankruptcy cases:

• 341 Meeting of Creditors: Not technically a court hearing -- presided over by the trustee, not the judge. You must attend. The trustee asks questions about your petition, assets, income, and debts. Creditors may attend and ask questions. Usually lasts 5-15 minutes.
• Confirmation hearing (Ch. 13): The judge reviews your proposed plan. The trustee and creditors can object. If the plan meets Section 1325 requirements, it is confirmed.
• Motion hearings: Hearings on specific motions (lift stay, dismiss, convert, etc.). You may need to attend and argue your position.
• Discharge hearing: In some districts, the judge holds a brief hearing before entering the discharge order. Many districts enter discharge without a hearing.

How to Prepare for a Bankruptcy Hearing

• Bring photo ID and proof of Social Security number to the 341 meeting
• Review your petition and schedules before any hearing -- you may be asked about specific entries
• Dress professionally (business casual is fine)
• Arrive early and observe other hearings to understand the process
• Answer questions truthfully and directly -- do not volunteer extra information
• If you do not understand a question, say so -- do not guess