Court proceedings in bankruptcy cases.
I often tell my clients that they will never meet the Bankruptcy Judge unless they do something very wrong. Generally, the Court will only be involved, directly, in more complicated matters than are likely to occur in Chapter 7 cases. Exceptions could include, refusing to answer questions or provide requested information to a Trustee; debtor (person filing) not appearing at 341 meeting; discovery of fraud by the debtor; motion to redeem collateral in a secured debt; or a motion to rescind discharge. In a Chapter 13, there are a lot more things going on in Court. Still, most will not require the debtor to be present. The following are a listing of some issues requiring a Court hearing and whether or not the debtor is required to appear:
- Confirmation of the repayment plan, attendance only if unresolved objections to plan by the Trustee or a creditor;
- Objection to a confirmed plan, attendance only if unresolved;
- Motions to compel the debtor to do something like file taxes, turn over tax refund, etc;
- Objections to Proof of Claims, attendance only if unresolved;
- Motions for relief from automatic stay, if on collateral intended to be surrendered – no attendance, but if behind on collateral intended to keep, attendance if unresolved;
- Motion to sell property, attendance only if unresolved;
- Motion to purchase property, attendance only if unresolved;
- Motion for violation of automatic stay by creditor attempting to collect debt, attendance only if unresolved;
- Motion to avoid a judgment lien against exempt real property, attendance only if unresolved;
- Motions to reduce the amount of debt and/or interest rate on a secured debt, attendance only if unresolved;
- Motions by debtor or Trustee to modify the terms of the Chapter 13 Plan due to changes in circumstances, attendance only if unresolved; and
- Adversary proceedings for fraud by debtor or to avoid a mortgage on exempt real property, attendance only if unresolved.
- Ronald R. Stanley, Esq. has assisted individuals file Chapter 7 and 13 Bankruptcy for over 40 years. He is a member of the bar in Ohio (1974), Northern Ohio Federal District Court (1974) and 6th Circuit Federal Appeals Court (1977). 3637 Medina Road #5 in Medina, Ohio 44256, 330-952-1415 Phone, [email protected] email, rstanleylaw.com website