When will I have to appear in court in a Chapter 13 case? In the United States Bankruptcy Court for the Northern District of California, you will have to appear for at least one court hearing generally known as the First Meeting of Creditors or the 341 meeting. This meeting is conducted by the Chapter 13 Trustee. The Bankruptcy Judge will not be attending this meeting. This meeting will be held within 30 to 60 days after your case is filed. You will be notified of the time, date and place of this hearing by your attorney and by the Trustee. This is a mandatory court appearance on your part. Your failure to appear at this meeting will result in the dismissal of your Chapter 13 case. Your job at the 341 meeting is to appear, show the trustee your photo identification and proof of Social Security number, and truthfully answer all the questions asked by the Trustee. The Trustee's questions usually deal with your bankruptcy schedules and questionable items in your monthly budget. This meeting is also an opportunity for your creditors to appear and ask you questions, though most creditors never appear at the 341 meeting. Your lawyer will attend this meeting with you. The Trustees usually schedule 15-20 of these meetings every 60 minutes, so the actual time spent on your 341 meeting will be usually be less than 5 minutes. There is also a Confirmation hearing in your case (i.e., final approval of your plan), but these are almost always handled by your attorney and the Chapter 13 Trustee without you. For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com. One of our attorneys will be able to answer any questions which you may have in greater detail. Please remember that the foregoing information is of a general nature, and does not constitute legal advice. The facts of each situation are unique, and we must discuss those facts with you before any advice can be given. |
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