Hello, my question concerns bankruptcy. I am thinking of declaring bankruptcy. I just want to know if a person has to speak or testify in court to declair bankruptcy ? I had too many medical bills and could no longer work. I really don't have anything of value. I will have to go through legal aid. The reason I didn't declair bankruptcy years ago is due to that I am old school, meaning you pay your bills no matter what. But I now realize that I will never be able to pay 50,000 in credit card bills at 56 years old and starting over again.
From what you have said it sounds like you will be able to easily obtain a discharge through a Chapter 7 bankruptcy (the simplest kind) without having to appear in court. You will have to appear before a bankruptcy trustee (a private lawyer appointed by the court to look at the paperwork you will file) but not a judge. The meeting with the trustee will only take a minute or so and the trustee will just ask you basic questions like whether you signed the paperwork, whether you are expecting on receiving any large sums of money, and thatís about it. They call it a creditors meeting, but creditors rarely show up because it doesnít do them any good. Sixty days after that hearing with the trustee, you will receive your discharge in the mail. However, as soon as you file your papers, the creditors are automatically prohibited by the court from doing anything against you while the case is pending.
I can help you with this if you like. I will not charge you just to talk on the phone, and depending on your circumstances, you may be able to get a waiver of the filing fee. If I did a chapter 7 for you I would charge you $250.
You can call me anytime at this number if you want to discuss this further or if you have any further questions.
Jack Hall, J.D.