Many people hesitate to consider bankruptcy because they picture a dramatic courtroom scene. For most individuals filing Chapter 7 or Chapter 13 in Georgia, the required Meeting of Creditors is not a court hearing before a judge. A separate court hearing may still be required depending on the case.
The 341 Meeting Is Not a Court Hearing
After filing bankruptcy, you must attend a Meeting of Creditors under section 341 of the Bankruptcy Code. The meeting is conducted by the assigned bankruptcy trustee, not by a judge. The trustee places you under oath, verifies your identity, and asks questions about your petition, property, debts, income, and expenses. Creditors may attend and ask questions, although they often do not appear in routine consumer cases.
Chapter 7 and Chapter 13 Meetings Are Currently Held by Zoom
Chapter 7 and Chapter 13 Meetings of Creditors in both the Northern and Middle Districts of Georgia are currently conducted by Zoom. You must follow the connection, identification, document, and appearance instructions in the official notice for your case. A trustee or the United States Trustee may approve another arrangement or require an in-person meeting in an appropriate case.
Court Hearings Before a Bankruptcy Judge Are Different
A court hearing is separate from the 341 Meeting and is conducted by a bankruptcy judge. In the Northern District of Georgia’s Atlanta, Newnan, and Rome divisions, court hearings are generally held in person unless the Court orders otherwise. In the Middle District of Georgia, a hearing may be in person, telephonic, or virtual depending on the judge, calendar, and notice.
Always follow the appearance instructions in the hearing notice or court order. Temporary changes, special settings, or permission from the Court may alter the usual procedure.
When a Court Hearing May Be Required
A hearing may be required when a creditor or trustee objects, a creditor requests relief from the automatic stay, a Chapter 13 plan is contested, a reaffirmation agreement requires review, or another disputed matter must be decided. Your attorney can explain whether you must personally attend and how the hearing will be conducted.
Get Local Guidance Before Your Appearance
The location and format of a bankruptcy appearance depend on the district, division, judge, trustee, and official notice. Attorney H. Brooks Cotten can help you prepare for the questions, documents, and appearance instructions that apply to your case.
Schedule a free bankruptcy consultation or call 770-683-3303.
