Written by attorney Dorothy G Bunce

Will my creditors, the judge or the court staff yell at me or ask why I filed Bankruptcy?

Although this is a common fear people have when facing going to their 341 "meeting of creditors," it is very uncommon for the bankruptcy hearing to be ugly or confrontational. Your Bankruptcy Trustee is not interested in judging how you have lived your life - that is, unless you have broken the bankruptcy laws, in which case s/he'll be VERY interested in judging you. The paperwork that has been submitted to the Court explains why you can't pay your bills, and your Trustee may ask you about the paperwork. You paying or not paying your bills is essentially a non-issue. It's nothing personal, and there are millions of people going through the same thing, so don't beat yourself up about it. You will be able to see this for yourself at your Bankruptcy meeting.

In most instances, even though the 341 is called a "meeting of creditors," creditors seldom show up at the meeting. Even though most attorney's refer to it as "going to court," the meeting does not take place in a courtroom and a judge is not present. Whether or not a creditor shows up at this meeting does not affect your bankruptcy one way or another. If a creditor wants to object to your bankruptcy, s/he or they must file the legal paperwork with the bankruptcy court as required by bankruptcy law.

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer