Do you have to go to bankruptcy court?
Do you have to go to bankruptcy court?
There’s no need to worry. Bankruptcy court is not something that every bankrupt has to go to when they file for bankruptcy. If you complete all your duties and no one objects, you are automatically discharged from bankruptcy after the required period of time has passed, so there is no requirement to appear in bankruptcy court.
What happens when a debtor sues you in bankruptcy?
Sometimes a debtor will file adversary proceedings to ask the court to declare a debt dischargeable, which means able to be wiped out. For instance, you might file to ask the court to discharge your student loan. As soon as you file bankruptcy, an automatic stay goes into effect.
Can a debtor be a plaintiff in a bankruptcy?
It will have a plaintiff and a defendant. Although most of the time you as the debtor will be the defendant, that is not always the case. Sometimes a debtor will file adversary proceedings to ask the court to declare a debt dischargeable, which means able to be wiped out. For instance, you might file to ask the court to discharge your student loan.
What’s the next step after filing a bankruptcy?
Usually, after filing your answer, the next step is to appear in court for a status conference. These conferences are often brief and involve the judge getting a very general understanding of the case. The judge may also set certain deadlines and future hearing dates.
What happens if you don’t go to bankruptcy court?
If you complete all your duties and no one objects, you are automatically discharged from bankruptcy after the required period of time has passed, so there is no requirement to appear in bankruptcy court. In fact, this is the case for the vast majority of my clients.
Can a creditor Sue you outside of bankruptcy?
The automatic stay is designed to prevent creditors from taking collection actions outside the bankruptcy court. Under an automatic stay, most outside lawsuits are prohibited unless they’re filed with permission of the court. Some instances where you can still be sued, despite the automatic stay:
It will have a plaintiff and a defendant. Although most of the time you as the debtor will be the defendant, that is not always the case. Sometimes a debtor will file adversary proceedings to ask the court to declare a debt dischargeable, which means able to be wiped out. For instance, you might file to ask the court to discharge your student loan.
Usually, after filing your answer, the next step is to appear in court for a status conference. These conferences are often brief and involve the judge getting a very general understanding of the case. The judge may also set certain deadlines and future hearing dates.