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John F. Roberts, Esquire

Jeanne E. Hovenden, Esquire

Serving all of the Greater Richmond, Virginia, Metropolitan and Tri-cities Area,  and Surrounding Counties

7459 Old Hickory Drive

Mechanicsville, Virginia 23111

(804) 746-4000  Richmond Area

(800) 388-8298  Outside of Richmond Area

(804) 746-4146   Facsimile

The Bankruptcy Process

Do I Have To Go To Court?  

In the early stage of a bankruptcy case, the debtor must attend a meeting of creditors (also called a Section 341 meeting) at which the debtor must provide information and answer questions under oath from the bankruptcy trustee, the United States Trustee or creditors of the debtor. The bankruptcy judge does not participate in such meetings. Although the meetings are not formal court hearings, testimony is taken under oath and the debtor is subject to criminal penalties for perjury.

Bankruptcy courts are part of the federal judicial system, and federal bankruptcy judges decide most disputes that arise in bankruptcy cases. If any challenges are raised by creditors in an individual’s bankruptcy case, it may be necessary for the individual debtor to testify in court. Many of the legal issues and procedures that arise in a typical individual case can be handled by an attorney without requiring the debtor’s attendance at bankruptcy court hearings.

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