Bankruptcy Process

The bankruptcy process can be confusing. Let us guide the way.

All bankruptcy cases operate under the Bankruptcy Code, which was enacted by Congress. The bankruptcy process is controlled by the Federal Rules of Bankruptcy Procedure in addition to the rules of each local bankruptcy court. Both the Bankruptcy Code and Federal Rules of Bankruptcy Procedure function together to provide legal ramifications and solutions to debt issues.

Bankruptcy cases must be filed in federal court, specifically in bankruptcy court. Each judicial district across the United States has a bankruptcy court, as well as a bankruptcy judge. The bankruptcy judge is tasked with making all decisions related to bankruptcy cases – from whether you are eligible to file to when you will receive a discharge. A good portion of your bankruptcy case does not happen in court, but is carried out by a bankruptcy trustee who will be appointed to handle your case.

Typically, the only matter in which you will have to appear will be the meeting of the creditors, which will be held by the bankruptcy trustee who has been assigned to your case. However, if an objection is raised in your case, you may have to appear before the bankruptcy judge.

Read more about what happens in the during bankruptcy timeline here.