Yes and No…
When you first file for bankruptcy you will need to go to the bankruptcy court with your attorney for what is known as a meeting of the creditors. The meeting of the creditors is typically, a non-eventful affair. The bankruptcy trustee or representative will ask you some preliminary demographic questions followed by confirming some aspects of your bankruptcy petition. These questions are aimed at confirming that you owe the debts in the amounts presented in your bankruptcy petition, and that you are in the court to file for bankruptcy. While creditors are able to be present at such a meeting they typically are not unless some unusual circumstances exist, circumstances which are beyond the scope of this article.
The creditors meeting usually takes about 15-30 minutes and once this meeting is concluded you will be able to go home and most likely never have to go to the bankruptcy court again.
Which Bankruptcy Court in Massachusetts Do I Have to Go To?
There are three bankruptcy courts divided into each respective judicial district located within the Commonwealth of Massachusetts. Most filers on the far Eastern part of Massachusetts will go to Boston the bankruptcy court there. For Massachusetts residents living in the Worcester area and its surrounding counties, the Worcester bankruptcy court will be where bankruptcy filers will report. Those living west of Worcester into the Springfield, Massachusetts, and more westerly regions will go to the Springfield court.
Again, attending the creditors meeting is usually the only time you will be required to go to court unless a creditor challenges your ability to discharge a particular debt. These challenges to your ability to discharge a debt in bankruptcy are not common, but they do happen and your attorney should be able to advise you as to the likelihood of this occurring given your specific financial circumstances.
As I Am Considering Bankruptcy, How Do I Pay for It?
This is a very common question and a good question. If you are thinking about bankruptcy, not only are you worried about the potential impacts that filing bankruptcy could have on your credit but, even if you’ve overcome that hurdle your next thought is likely, how do I pay for the bankruptcy?
There are 2 typical answers. If chapter 7 bankruptcy is the direction that you are most likely going to go in most attorneys will expect you to pay anywhere from $1200 to $1700 for filing bankruptcy on your behalf. This means that a person seeking to file chapter 7 bankruptcy will have to come up with that amount of money in order to file with the representation of an attorney. On the other hand, if you are filing chapter 1, which can be a little more complex and time consuming for the attorney involved, the rate is higher. But, however, in a chapter 13 bankruptcy case you typically won’t have to pay the entire amount or any of the amount up front. The reason you probably won’t have to pay the fee associated with filing a chapter 13 bankruptcy petition up front is that the attorney will be paid at the end of the bankruptcy. Essentially, the bankruptcy attorney will become another creditor, except that he or she will be able to receive payment for the service of administering your chapter 13 bankruptcy upon the completion of the case. Please note that there are some variations to these payment arrangements. Some attorneys will work with you and others will not depending upon the specific circumstances.
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