Do I Have To Appear Before A Bankruptcy Judge?

Author: Joe Pioletti Posted on: . Filed in: Bankruptcy.

This is a common question for anyone who is considering filing a bankruptcy case. Filing for bankruptcy relief is a big step; however, it may be the best way to resolve your debt problems. People file bankruptcy for a variety of reasons including unemployment, the loss of a spouse, a failed business, or an unexpected illness. Regardless of the reason why a person may need to file bankruptcy, anxiety about the bankruptcy process is common and understandable, especially the thought of appearing before a bankruptcy judge. It is our job as your bankruptcy attorneys to help make the bankruptcy process less stressful while providing support and guidance during each step of the bankruptcy process.

When Does a Debtor Appear Before a

Bankruptcy Judge?

In most of the bankruptcy cases filed in Illinois, the debtors do not appear before a bankruptcy judge. A bankruptcy judge presides over court hearings; however, most debtors are never required to testify in a court hearing other than the First Meeting of Creditors. The First Meeting of Creditors is presided over by the trustee assigned to the bankruptcy case. The trustee questions the debtor about his or her debts, assets, income, expenses, and financial history. In a Chapter 7 bankruptcy case, the First Meeting of Creditors is typically the only hearing that is scheduled in the case.

In a Chapter 13 case, a confirmation hearing is scheduled in order to confirm the debtor’s proposed plan of reorganization. A bankruptcy judge presides over the confirmation hearings; however, very few debtors are required to testify at a confirmation hearing. In most cases, any objections to the proposed plan are settled prior to the confirmation hearing or the attorneys argue questions of law before the judge without the debtor being required to testify. Of course, in some cases, a debtor may need to testify in order to resolve an objection to confirmation. If you are required to testify, our attorneys will prepare you for the hearing to ensure you are comfortable with the process.

Bankruptcy judges also preside over other matters; however, in a typical bankruptcy case, the only two hearings required are the First Meeting of Creditors and the confirmation hearing (in a Chapter 13 case). Depending on your unique financial situation, other hearings may be necessary during your bankruptcy case. Our attorneys discuss the bankruptcy process as it relates to your specific financial situation in further detail during your free bankruptcy consultation.

Contact Our Office for a Consultation with an Experienced Illinois Bankruptcy Attorney

The bankruptcy lawyers of Pioletti & Pioletti represent individuals who need help solving their debt problems. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.

When you need the assistance of an experienced bankruptcy attorney in central Illinois, call Pioletti & Pioletti. We are dedicated to providing our clients with exceptional service and support throughout the bankruptcy process.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti