Those who consider bankruptcy may eventually have to go to a United States bankruptcy court. This does not have to be a worrisome experience. Most people will stress out just knowing that they have to be in a courtroom, but with adequate legal counsel from a qualified bankruptcy attorney people have nothing to worry about.
"Pro Se" Filings
Some debtors choose to file bankruptcy without hiring an experience bankruptcy attorney or bankruptcy law firm. These "pro se" debtors, who represent themselves, will not fair well in a United States bankruptcy court if they make mistakes. Bankruptcy judges cannot bend the rules for a debtor who decided against hiring proper legal counsel. Although it can sometimes be successfully accomplished, filing for bankruptcy “pro se” is not recommended.
Filing Bankruptcy With a Qualified Bankruptcy Attorney
A good bankruptcy attorney will explain to his client what to expect - this should alleviate any stress the client might have. It is important to keep in mind that the courtroom is just a room in which the judge and attorneys conduct business.
What to Expect
There will likely be several other attorneys in the bankruptcy court with their clients. Since there always seems to be safety in numbers, and other people will probably be there doing the same thing that the client is doing, the client can find comfort in that regard. Furthermore, a good bankruptcy attorney will tell their client how to dress, what to say, and how to act. This is important because the judge is paying close attention to the person’s all around appearance.
When people show up for United States bankruptcy court, their attorney should quickly sit down with them and review all of the information pertinent to the upcoming hearing. The attorney will go over the possible questions that the client may be asked and explain to the client how he or she should answer the judge with proper decorum.
United States Bankruptcy Court Questions
One question that the judge may ask people is if they understand why they are in the United States bankruptcy court. The attorney will brief their client to answer with yes and to not ramble on. The last thing someone should do is to keep talking after answering the judge’s question.
Another question that a United States bankruptcy court judge might ask is if this is the persons first time to file bankruptcy or not. If people have filed before and this is not the first time in front of a bankruptcy court, the judge will want to know when the person last filed for protection. As long as the allotted time has passed between filings, the proceeding can continue.
Going to bankruptcy court should not be a terrifying experience. With the right bankruptcy attorney, a person filing bankruptcy will be able to sit through a bankruptcy hearing with confidence. With the right bankruptcy attorney, a person will be assured that there are no curve balls coming from the bankruptcy judge.
Call us today and speak directly with an attorney for a free, no obligation, consultation to see if you qualify for bankruptcy and if it is the right decision for you and your family.
Wessler Law Firm is a small family owned law firm specializing in bankruptcy law since 1982.
Disclaimer: This article is meant for reference only, and is not intended to be legal advice. Be sure to consult a lawyer for a full explanation.