If I File Bankruptcy, Will I Have to Go to Court?
Many of our bankruptcy clients have never been in a courtroom, or have had a bad experience in court. The prospect of facing creditors or being grilled by a judge about your debts can be intimidating.
In reality, bankruptcies are largely conducted on paper, without any courtroom confrontations. You will not have to go to court unless there are adversary proceedings: legal challenges raised by you or your creditors. Atlas Consumer Law can prepare you and capably represent you in the rare event such proceedings are necessary.
Our experienced bankruptcy lawyers represent debtors throughout the Chicago area. Contact us online or by telephone at (312) 313-1613.
Initial Appearance in Bankruptcy Court
When you file for Chapter 7 or Chapter 13 relief, you will have to make one appearance in an informal hearing before a bankruptcy trustee. The official name is a 341 Meeting of Creditors, but it is rare that creditors will show up unless they have a serious objection, such as allegations of debtor fraud.
The trustee will verify your personal information and ask a few specific questions about your debts and finances. One of our lawyers will be sitting next to you at the hearing to offer legal advice if any issues are raised. Most consumer bankruptcy hearings last 10 minutes or less.
That's it. Your bankruptcy hearing is not a trial.
Adversary Proceedings in Your Illinois Bankruptcy Case
The Bankruptcy Court has the authority to discharge your qualifying debts, whether creditors like it or not. However, if a creditor or trustee has a legal or factual basis to contest your bankruptcy, you could end up in court. Likewise, if creditors violate the protections of the Bankruptcy Code, you can take action to hold them accountable through the courts.
Our Chicago bankruptcy lawyers have extensive experience in bankruptcy adversary proceedings as well as foreclosure defense litigation. We will vigorously protect your rights if any aspect of your bankruptcy must be litigated.
Contact our Oak Brook law office online or call (312) 313-1613 to arrange a consultation.