Do I have to go to court when I file for bankruptcy?
Technically, no. You must attend a hearing at the Trustee's office, which is located across the street
from the bankruptcy court (for Chapter 7 cases). You must bring a picture ID and social security card
(or acceptable substitute) to the hearing. At the hearing you will be asked a number of questions
relating to the information in your bankruptcy petition. For a Chapter 7 case, the primary focus of the
questions will relate to complete and accurate disclosure on the petition, and whether your assets are
valued over or under the exemption limits provided for by Oregon law. For a Chapter 13 case, the
primary focus of the questions will relate to complete and accurate disclosure on the petition, whether
you have sufficient regular and disposable income to fund the
plan, and whether the Chapter 13 plan is feasible. The hearing is called the Meeting of the Creditors.
When you file a bankruptcy petition, the clerk's office mails a notice to all of your creditors, and they are
all allowed to attend the Meeting of the Creditors. Ironically, very few creditors show up at the meeting,
primarily because creditors are allowed a 100% tax deduction on
your bad debts. Creditors that usually show up are secured creditors (creditors that have a security
interest in your property) who want to know the status of their collateral and what your intentions are
with the collateral. An attorney from our offices would represent you at this hearing as part of your
service agreement.