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"Court Hearing Over The Phone" Discussion

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Professional Q&As for "Court Hearing Over The Phone"

Upsolve Community Member
2022-02-06

So I’m really nervous about filling for bankruptcy I’m in so much debt, way over my head and do not want to file without opinions from the community, I have no car, or house in my name. I own nothing but will be starting a new job in a couple weeks, can anyone let me know if starting a new job will effect this process, how the process went for you and if you had to attend any court hearings?

Community Replies:

Upsolve Community Member
Hi Greg! First of all, congratulations on finding a job!!!! Next, I will offer my opinion because you asked. Everyone's situation is different so I can only speak for myself. When I filed bankruptcy using Upsolve, I had recently been successful in finding an apartment so I was no longer homeless, but I had no car. I took the bus....

Upsolve Community Member
....At the time, I was 65 years old and had lost almost everything in a family tragedy that could happen to anyone. It happened to me. Today, I contribute to Upsolve because I know it can help others. I don't ever want anyone to go through what I did and I know how stressful it is when contemplating filing bankruptcy. Greg, get familiarized with https://upsolve.org/how-we-work/ ...

Upsolve Community Member
...Starting a new job is a GOOD THING! :-)

Upsolve Community Member
Hi Greg,   I’m sorry to hear that you are feeling nervous. Upsolve has simplified the process should you move forward. First you will need to determine https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ you. Here's a 10-Step Guide on how to prepare for bankruptcy and get a fresh start: https://upsolve.org/learn/how-to-file-bankruptcy/ Please continue to ask any questions. We are here to help.

Upsolve Community Member
You will have one meeting called a 341 Meeting, it is a short meeting. https://upsolve.org/learn/mock-341-meeting/

Upsolve Community Member
You will still need to pass the Means Test with your new job: To understand about this more, you can see this article: https://upsolve.org/learn/chapter-7-means-test-calculator/

Upsolve Community Member
This was so easy. Starting anew job will not effect you. You can also file papers to have the filing fee waived due to your income. Due to covid my court hearing was a 10 minute phone call. Don't be nervous Upsolve is an easy step by step process 

Upsolve Community Member
2021-12-18

My checking account receives direct deposits of Social Security & Covid stimulus monies. I also deposited an insurance company reimbursement check into it, for an eyeglass purchase made using the same account in the previous month. Are these funds considered to be commingled? Can a creditor with a bank levy legally take these monies?

2 Reactions

Community Replies:

Upsolve Community Member
Hi Steve. I am not an attorney (I'm a discharged Upsolver) and I don't know what context you are asking these questions but, to me, these are normal checking entries. I receive SS and Covid Stimulus in the same account that I write my checks (online payments to vendors).  This Upsolve Learning Center article discusses https://upsolve.org/learn/keeping-a-checking-account-during-bankruptcy/. Perhaps you are referring to what you've read here: https://upsolve.org/learn/does-bankruptcy-affect-my-social-security-income/ and I am not able to provide advice on "commingling" but what I can ascertain from this article is that it is not set in stone that social security payments are exempt in certain situations and, in that case, I would suggest (not advise!) you to talk it over with your Trustee. If Trustees have questions, they will ask! :-) 

Upsolve Community Member
You can probably find the information you're looking for in this article! https://upsolve.org/learn/debt-collection-on-disability/ 

Upsolve Community Member
Or this one! https://upsolve.org/learn/creditor-take-social-security/ 

Upsolve Community Member
Generally speaking, by mixing your Social Security payments with other money, your income could lose its exempt or protected status. At that point, you would generally need to request a court hearing to prove which funds are from Social Security and which funds are from other sources. 

Upsolve Community Member
2021-11-23

Do I have to attend the 341 meeting virtually? Do I have the option of going in person?

4 Reactions

Community Replies:

Upsolve Community Member
It's normally not possible to attend the 341 Meeting in person, if it was scheduled to be virtual. For the most part, the date, time, and location of the hearing is set by the court, not the bankruptcy filer. 

Upsolve Community Member
This might help you learn more about appearing virtually! https://upsolve.org/learn/telephonic-hearings/

Upsolve Community Member
This one might help too! https://upsolve.org/learn/covid-prep-for-341-meeting/

Upsolve Community Member
Since trustees are able to still do these virtually, you probably won't be given the option of attending yours in person, unfortunately. Ultimately, it depends on the trustee and whether they're set up to meet with folks in person. 

Upsolve Community Member
2021-09-18

My re-affirmation court date for my car loan has been set to mid October. A little nervous about it! Hoping it’s as easy as the 341 meting was. Anyone have any positive experiences to share? Thanks :)

7 Reactions

Community Replies:

Upsolve Community Member
Great question, Sasha! This article could be helpful: https://upsolve.org/learn/how-prepare-hearing/

Upsolve Community Member
Hi, Sasha, I had mine at the end of August. The judge asked me if this car was my only way to get to work, if I was current, and if I could afford it. After that she approved of it.

Upsolve Community Member
Thanks so much!

Upsolve Community Member
2022-01-15

So my auto lender filed a motion for relief of the automatic stay. I have to object or resist the motion but I do not know how to go about doing that. What do I do?

6 Reactions

Community Replies:

Upsolve Community Member
Hi Sarah! Have you been served by the Lender or did you find out about it through PACER? 

Upsolve Community Member
I got a letter in the mail from their attorney 

Upsolve Community Member
Has the COURT notified you? Read near the bottom of this Upsolve Learning Center article: https://upsolve.org/learn/the-automatic-stay/ 

Upsolve Community Member
Sarah, this article might help! https://upsolve.org/learn/surrender-car-bankruptcy/ Did you plan to surrender the vehicle? 

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member
Yes the court has notified me. there is a hearing scheduled for February. I did plan to surrender the vehicle 

Upsolve Community Member
Hi Sarah, the article https://upsolve.org/learn/automatic-stay-lifted/ discusses the Motion for Relief about half-way down in the article. I think you'll find it helpful along with the articles Claire and Mark suggested. 

Upsolve Community Member
Are you planning on surrendering the car as part of the process? If so, you shouldn't have to respond to the motion. 


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    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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