Will I have to go to court if I file bankruptcy?
Most persons filing bankruptcy will never appear in a court. However, it is required to appear at a brief hearing (5 to 10 minutes) before a bankruptcy trustee that is called the “Meeting of Creditors.” Attendance at this meeting is mandatory. If you were to not attend your hearing, the likelihood is that your case would be dismissed unless you have a legitimate reason such a medical emergency. The bankruptcy policy is very strict in this regard and most excuses will not be considered. Around 95% of people will have hired and be represented by an attorney at the hearing. Creditors can attend the hearing and ask questions, but the practical reality is that creditors rarely attend these meetings. The Meeting of Creditors is held in different locations depending in what county and state you live in. The hearing locations vary in both Oregon and Washington. For example, in the Portland metro area, the hearings are held in downtown Portland at the old Gus Solomon Federal Courthouse. For people living in Clark County/Vancouver metro area, their hearings are held in downtown Vancouver at the Federal Building right in front of the Clark County Courthouse. However, for people living in the Salem area, their hearings are held in the Red Lion Inn off Market Street. So the hearing does not have to be held in a court house or Federal building. Your exact hearing location, date and time will be listed on your official bankruptcy notice that you will receive from the bankruptcy court after your case is filed. Your hearing will be held in front of a bankruptcy trustee. The bankruptcy trustee is not a judge but a trusted person (called a fiduciary) who has been assigned to review your bankruptcy petition, schedules, and other documents; and to ask you questions after you are swore under oath. As mentioned, the meeting with the trustee usually lasts 5 to 10 minutes. If someone has a more complicated bankruptcy, that person's hearing can last longer. Click here to read additional FAQs |
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Reviews, Ratings, and Affiliations
I must say Scott is the best to work with, he has gone way out of his way to help my wife and I with a chapter 7, he was amazing to work with, if you plan to file you must check with Scott first, Scott would get 10 stars if it would let me rate that high.
- Rick T. We hired Mr. Hutchinson to represent us in filing for bankruptcy. I had interviewed two other attorneys in Portland prior to selecting him. Mr. Hutchinson is a very professional and knowledgeable attorney. The filing process went very smoothly for and we were discharged successfully. We are very happy that we found him.- Jody H.
My Experience
No one wants to be in the position to have to file for bankruptcy. ... My experience with Mr. Hutchinson was excellent. I was made to feel like a person and not just another case. Not only was I filing for bankruptcy, to top it off my case was extremely difficult (which I am told is highly unusual) as I was right on the border between being able to file a 7 or 13. It created a lot of additional work and hassle for Mr. Hutchinson. Regardless of how frustrating that may have been, I was consistently treated with respect, patience and professionalism throughout the entire process. He went more than the extra mile for me. If you find you are in a position to file bankruptcy I would strongly suggest Mr. Hutchinson's services. More reviews on Avvo.com Oregon State Bar Association OSBar listing Scott Hutchinson
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