Do You Have To Go To Court To File Bankruptcy?

Don’t let concerns about having to go to federal court deter you from filing for bankruptcy protection and getting the debt relief you deserve. You might have to go to court in some circumstances, but the majority of filers won’t see the inside of a courtroom.

Do You Have To Go To Court To File Chapter 7 Bankruptcy?

In most cases, no. Most people who file for Chapter 7 bankruptcy never have to appear before a bankruptcy judge or go to a bankruptcy courtroom.

The only time filers may need to go to the bankruptcy court is to file their bankruptcy forms with the clerk. And you may not even have to do this depending on the filing options in your state.

You will be required to attend a meeting with the trustee overseeing your case. This is called a 341 hearing or meeting of creditors. But most of these meetings are held virtually via Zoom. If yours is held in person, it won't be in a court room. You'll get a notice from the court after you file your case about when, where, and how your 341 meeting will be held.

Beyond this, you’ll probably only need to go to court if something unusual comes up in your case. For example, you might have to attend a reaffirmation hearing if the judge has concerns about your car loan.

The process can look quite different for Chapter 13, which is the second most common type of personal bankruptcy.

Do You Have To Go To Court To File Chapter 13 Bankruptcy?

Chapter 13 is more complicated and takes longer than Chapter 7, but filing for Chapter 13 doesn’t automatically mean you’ll spend a lot of time in court. Most of the process happens through paperwork and communication between your attorney, the trustee, and the court.

The court does have to approve your repayment plan in what’s called a confirmation hearing. In many districts, your attorney can attend this hearing for you. You’ll only need to go yourself if you don’t have a lawyer or if the judge has questions about your plan.

Chapter 13 cases last three to five years, and your repayment plan may need to be adjusted if your income or expenses change. If that happens, you might have to go back to court so the judge can review and approve the changes.

Chapter 13 Confirmation Hearing

Chapter 13 bankruptcy involves a repayment plan, which the bankruptcy judge assigned to your case must approve. Often the judge will approve a Chapter 13 plan on the recommendation of the trustee. In some cases, a hearing isn’t necessary. If you have an attorney representing you in your Chapter 13 case, generally they can attend the hearing in your place. 

If the judge doesn’t approve your plan and you’re not represented by a bankruptcy attorney, you may need to go to court. In court, you can explain why your plan is feasible, that you can afford the monthly payments, and that you’re using all of your disposable income for the plan. 

What Happens at a Meeting of Creditors (341 Meeting)?

Bankruptcy law requires everyone who files Chapter 7 or Chapter 13 bankruptcy to attend a meeting of creditors, also called a 341 meeting.

After you file, the court will send you and your creditors a notice with the date, time, and location. The meeting is run by your bankruptcy trustee — not a judge — and most are held virtually via Zoom.

At the meeting, the trustee will:

• Verify your identity and Social Security number (bring a valid photo ID and your Social Security card or another official document with your SSN).

• Place you under oath and ask questions about the information in your bankruptcy paperwork.

Creditors are allowed to attend and ask questions, but in most cases, they don’t show up. If they do, their questions must stick to the facts in your petition and details about your assets. They can’t shame you or challenge your decision to file — and if they try, the trustee can stop them.

Most 341 meetings are quick, lasting less than 10 minutes. If you’ve reviewed your petition carefully and answer honestly, it’s usually a straightforward process.

What the Trustee May Ask You

The trustee’s questions will focus on your financial situation, your assets, and your bankruptcy paperwork. Common questions include:

• Did you review and sign your bankruptcy petition before filing?

• Is all the information in your petition true and complete?

• Has anything changed since you filed?

• Did you list all your property, assets, debts, and expenses?

• Did you list all your creditors?

• Do you owe alimony or child support? If so, are you current on payments?

• Have you filed for bankruptcy before?

They may also ask about the property exemptions you’ve claimed. Exemptions protect certain assets — like a set amount of equity in your home or car — so you can keep them during bankruptcy. Most people are able to keep all or most of their property.

What You Need To Know About Virtual and Remote Bankruptcy Hearings

Many bankruptcy courts now allow certain hearings to take place remotely by phone or video. This became more common during the COVID-19 pandemic and continues in many districts today. Whether your hearing is in person or virtual depends on your court’s rules and the type of hearing. You’ll find this information in your hearing notice or on your bankruptcy district court’s website.

If your hearing is virtual, the court will give you instructions for joining by phone or videoconference (often through Zoom or a similar platform). It’s important to:

• Test your phone or internet connection ahead of time.

• Make sure you’re in a quiet, private space where you won’t be interrupted.

• Have your bankruptcy paperwork, photo ID, and any other required documents with you.

• Follow any dress code or conduct rules the court provides — even though you’re at home, you’re still appearing in court.

Virtual hearings are generally just as formal as in-person hearings, so arrive (or log in) early, mute yourself when you’re not speaking, and address the judge respectfully. If you’re unsure about the technology or process, contact your attorney or the court clerk well before your hearing date.

When You Might Have To Go To Court for Your Bankruptcy Case

Every bankruptcy case and bankruptcy court is a little different. In some circumstances, you. may need to make a court appearance. Some of the most common types of bankruptcy court hearings include:

• Fee waiver hearings

• Reaffirmation hearings

• Hearings on motions to extend or lift the automatic stay

• Adversary proceedings

Fee Waiver Hearings in Bankruptcy

If you can’t afford to pay the $338 Chapter 7 filing fee, you can apply for a fee waiver or to pay the fee in installments. In many cases, the bankruptcy court will review the waiver and grant or deny it.

Less commonly, the court may schedule a hearing to decide whether or not to grant your fee waiver request. If this happens, you must attend the fee waiver hearing. 

Reaffirmation Hearings

If you want to keep certain secured debts — like a car loan — you can sign a reaffirmation agreement. This means you agree to keep repaying the loan after bankruptcy.

If you're filing your case without a lawyer and your budget shows you can’t afford the payments, the judge may hold a reaffirmation hearing to make sure you understand the risks and can handle the payments.

Motion To Extend the Automatic Stay

The automatic stay is a benefit of filing for bankruptcy. It stops your creditors from collecting from you. This includes collection calls, bills, and lawsuits for nonpayment of debt, as well as foreclosure proceedings or car repossessions at least temporarily. As soon as you file for Chapter 7 or Chapter 13 bankruptcy, the automatic stay goes into effect.

The automatic stay usually stops collection until the bankruptcy case is over. But if you’re filing a second case shortly after the court dismissed your first case, then the automatic stay lasts for 30 days unless you file a motion (ask) the court to extend the stay.

At the hearing to extend the automatic stay, the bankruptcy judge may ask you to explain why your previous bankruptcy case was dismissed, what circumstances have changed between the first filing and this new bankruptcy filing, or other questions about what you hope to accomplish with your second bankruptcy filing. 

Motion To Lift the Automatic Stay

You must continue making payments on secured debt during bankruptcy if you want to keep the property serving as collateral. Car loans and mortgage loans are the most common types of secured debt.

If you stop making payments on your car or home, your creditor has the right to repossess your car or foreclose on your real estate. If you’re in bankruptcy, your creditor must first ask the court to lift the automatic stay before they can repossess your car or foreclose on your home. If you oppose your creditor’s motion to lift the automatic stay, then you’ll likely have to attend a hearing to argue why the court shouldn’t lift the stay. 

Adversary Proceedings

An adversary proceeding is a lawsuit filed within a bankruptcy proceeding. The filer, the bankruptcy trustee, or a creditor can file one. Adversary proceedings in consumer Chapter 7 or Chapter 13 bankruptcy cases are most commonly filed to challenge the filer’s right to bankruptcy discharge or to challenge the dischargeability of a particular debt. If an adversary proceeding is filed in your bankruptcy case, then you’ll be required to go to court. 

Adversary proceedings operate similarly to other civil lawsuits. If the parties can’t negotiate a settlement, the proceeding advances, and they conduct discovery, argue motions, and try the case before the judge. 

Let’s Summarize…

All bankruptcy filers will have to attend a 341 hearing, also known as the meeting of creditors. If you haven’t hired an attorney to represent you, you’ll have to go to the bankruptcy court to file your bankruptcy paperwork. Most bankruptcy filers won’t go to any formal hearings before a judge. There are some circumstances that do require filers to appear in court, but these aren’t very common.