For families and individuals filing bankruptcy in Miami, the idea of attending a court hearing may be very unsettling to most individuals. Some people associate a certain stigma with legal proceedings and would rather avoid the whole process, if at all possible. Rest assured, there is nothing to be worried about. At the Miami bankruptcy law firm of Alberto H. Hernandez P.A. as part of our service, we offer our client a complete orientation and crash course on what to do and expect during and after the bankruptcy filing process.
Although there is one hearing, also known as the 341 Meeting of Creditors, that individuals must attend when they file for bankruptcy, our office strives to make the process quick and easy for them. The Meeting of Creditors is scheduled between 30-45 days after filing your case and a hearing date, in Chapter 7 cases, is received instantaneously when the case is filed electronically. Upon receiving a date and time, your case is also assigned to a particular trustee. It is important to know, that unless there are extraneous circumstances (such as hospitalization or a death of an immediate family member), the date assigned cannot be changed so it is important to plan accordingly.
Prior to the hearing, your attorney may ask you to provide certain documents that the trustee has requested to them. Every trustee has a different list of documents they require prior to the hearing and your Miami bankruptcy attorney should have the information necessary to submit these documents to them in a timely fashion. If the trustee does not receive any of these documents or even if they just receive a portion of them, they reserve the right to continue the hearing to another date. It is, therefore, very important, that you provide the attorney with any and all documents on a timely basis so that the hearing can take place. We will meet with you and go over the potential questions to be asked at the meeting at our office a few days before your scheduled meeting date.
It is of utmost importance that you arrive on time to the meeting with the Trustee. At the hearing, the trustee will verify your identity by requiring you to present a government issued, picture ID (such as a driver’s license) and your social security card. They will then ask you questions under oath regarding your assets and income and expenses. The whole process does not usually last more than 5-10 minutes and your attorney is present the entire time. Your creditors have all been informed of this hearing and have the right to attend and ask you questions about your debt with them. However, it is important to know that it is not very likely that they will attend. Once you are done with the hearing, this is usually your last court appearance. As always, there are special circumstances, which may require you to attend the second hearing but these are few and far in-between. For more information on how to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Miami-Dade or Broward, please contact our office
at (305) 820-0034 for a free bankruptcy consultation.