A trustee is an individual appointed by the federal government in charge of overseeing bankruptcy proceedings. Chapter 7 bankruptcy and Chapter 13 bankruptcy trustees are usually bankruptcy attorneys or accountants.
The court may dismiss your Chapter 13 bankruptcy if you fail to make payments to the Trustee or if your debts exceed your ability to pay. If your bankruptcy is dismissed by the court you will be responsible for all your debts and the creditors may proceed with collection actions against you as well as proceed with foreclosure and/or repossession.
As you know, you must take a financial management course and file the certification with the bankruptcy court to receive a discharge in your bankruptcy. We recommend you take the financial management course as soon as you receive your case number but before your creditors meeting. If you are married, each person must take the course separately, and you and your spouse will receive two different control numbers. Most of our clients take the course online at Hummingbird Credit Counseling. This is important. If you have any questions regarding when to take the financial management course, please contact our office. If you have questions regarding the actual course on the Hummingbird Credit Counseling website, please contact Hummingbird at the phone number listed on their website.
Typically speaking, no you will not have to go to bankruptcy court. However, you will have to attend what is called a creditors’ or 341 meeting. This is not the same thing as bankruptcy court. One of the key differences is that in bankruptcy court you will actually appear in front of a bankruptcy judge. In a creditors’ meeting you will only appear in front of the Trustee. The Trustee is the person who represents your creditors, the people you owe money to.
With that said, at times there will be situations where it is necessary to go to court. I would estimate that 98/100 times you will not have to go to bankruptcy court. If you do have to attend bankruptcy court, don’t stress out about it. Your attorney should make sure you are well prepared and it usually only lasts for a few minutes. If there are other questions that we can answer for you don’t hesitate to contact our bankruptcy law firm.
Charlotte: (704) 563-1224
Greensboro: (336) 856-1234
Winston-Salem: (336) 245-4294
