Will I Have To Go To Court If I File Bankruptcy?

Will I Have To Go To Court If I File Bankruptcy?This is a very common question, and in 99% of cases, my clients only have to go to a proceeding called the §341 Meeting Of Creditors, which I call the “meeting with the Trustee.”

The meeting is conducted by the trustee assigned to your case, and I will be present with you at the meeting.  This is a meeting that allows the trustee to meet you, review your paperwork and ask any clarification questions.  There are usually no creditors at this meeting, but there are usually several other debtors that are scheduled to have their meeting at the same location for the same time.  As a result, the meeting lasts only a few minutes once your name is called.

The 341 Meeting is usually held about 30 days after your case is filed.  About 14 days after the case is filed, you should receive from the U.S. Bankruptcy Clerk a copy of the case filing notice.  That is a notice sent to you and all creditors that provides notice that you have filed, and it provides the date, time and location of the meeting with the Trustee.  Therefore, you will have more than 2 weeks notice of the meeting.

The 341 Meetings for Chapter 7 cases are held in Room 333 of the U.S. Bankruptcy Courthouse, which is located at 615 E. Houston Street, in the old main post office building.  That building is across the street from the Alamo, and there are various pay parking lots around the courthouse and Alamo.  The 341 Meetings for Chapter 13 cases is held at 10500 Heritage Blvd, Suite 201, San Antonio, TX 78216.

You will need to bring:

  1. A government-issued photo ID (such as driver’s license or military ID)
  2. Proof of your Social Security number (such as a social Security card, W2 or paystub showing your Social Security number)
  3. If you filed a Chapter 13, then you will also need to bring your two most recent pay-stubs

The Trustee will verify the following information:

  1. Did you list all of your debts?
  2. Did you list everything you own?
  3. Is everything on the paperwork filed with the court is true and correct to the best of your knowledge?

I will make sure the process go smoothly by carefully preparing your case before we file the case with the Bankruptcy Court.

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