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Going to Court

What to expect when going to bankruptcy court, whether you’re headed to your creditors’ meeting or have a hearing before a bankruptcy judge.

What to expect when going to bankruptcy court, whether you’re headed to your creditors’ meeting or have a hearing before a bankruptcy judge.

This page is your home base for learning what going to court is like.

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What To Expect at Your 341 Meeting of Creditors

Written by the Upsolve TeamLegally reviewed by Attorney Paige Hooper
Updated May 4, 2022

In your 341 meeting of creditors, the trustee in your case will verify your identity and the information in your bankruptcy petition. Creditors can also show up to ask questions, but this is rare. In this article and video, we’ll walk you through a typical 341 meeting of creditors in a Chapter 7 bankruptcy.

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What can go wrong at the meeting of creditors?

Written by Attorney Andrea Wimmer
Updated October 2, 2021

The meeting of creditors is the one time everyone filing for bankruptcy has to go to court to answer questions from their trustee. Naturally, it’s often the most stress inducing part of the entire case for the filer. Let’s take a look at what to expect at your creditors’ meeting, and, importantly, some of the things that can go wrong at the meeting (and how to avoid them).

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4 things you should know about the bankruptcy court system

Written by Attorney Jamie Lee Ruiz
Updated August 9, 2020

The bankruptcy court oversees bankruptcy cases filed in the United States. The court maintains the records for all bankruptcy cases.

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What To Bring To Your 341 Meeting Of Creditors

Written by Attorney Jonathan Petts
Updated September 3, 2020

You should bring your ID and social security card.

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Do You Have to Go To Court to File Bankruptcy?

Written by Attorney Jenni Klock Morel
Updated April 6, 2022

Most bankruptcy filers don’t have to attend any formal court proceedings before a judge. There are some rare exceptions to this, but most of the time you’ll only go to court to file your paperwork with the clerk. You'll have to attend a meeting of creditors, but this won’t be held in a courtroom or before a judge. Some of these meetings are held outside the courthouse or virtually.

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Telephonic Hearings in Bankruptcy Court

Written by Attorney Andrea Wimmer
Updated August 9, 2020

A hearing is an appearance in court where one or more parties to the case show up in the courtroom to present something to the judge. A telephonic hearing is exactly what the name suggests: a court hearing that takes place over the telephone.

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Bankruptcy Court - A Definition

Written by Attorney Jamie Lee Ruiz
Updated August 9, 2020

The bankruptcy court is a federal court that oversees all bankruptcy cases filed in the United States.

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3 Important Players in Bankruptcy Court

Written by Attorney Jamie Lee Ruiz
Updated August 9, 2020

In addition to the person filing bankruptcy, other individuals who will play an important role in your bankruptcy case are your case trustee, your bankruptcy judge, and - if you have one - your bankruptcy attorney. Let’s take a look at some of the important players -other than your creditors - that you may encounter in your Chapter 7 bankruptcy.

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What Happens In Small Claims Court?

Written by Attorney John Coble
Updated July 22, 2021

In small claims court, the rules and procedures are relaxed so that non-lawyers can argue their own cases. Court costs, such as filing fees, are lower. As a result, small claims court hearings are much less expensive. This article will explore what kinds of cases you can bring to a small claims court and how this court differs from other courts.

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Statute of Limitations in Small Claims Court

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated October 1, 2021

The statute of limitations is the law that regulates how long a party has to assert a claim through the legal system and small claims courts provide simplified proceedings for people who have claims that aren’t worth a substantial amount. Generally, the statute of limitations remains unchanged if you bring a claim in small claims court. This article will explain a bit about defending yourself in your state’s small claims court and how the statute of limitations could affect your defense.

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6 Steps To Prepare for Small Claims Court

Written by Attorney Eric Hansen
Updated November 2, 2021

Small claims court is a unique setting that is designed to be accessible and understandable for everyone. These courts handle a variety of cases, with disputes limited by how much money is at stake.

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Should I Seek Legal Advice From a Small Claims Attorney?

Written by Attorney Eric Hansen
Updated October 31, 2021

Many people represent themselves successfully because small claims courts are more accessible and simpler by design. The court proceedings are meant to be a reasonably fast and relatively inexpensive way to resolve disputes.

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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.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.