William G. Schwab and Associates
811 Blakeslee Blvd. Dr. East (PA Route 443) PO Box 56 Lehighton, PA 18235
Tel 610-377-5200 Fax 610-377-5209
NEWSLETTER
Bankruptcy April 18, 2015
 
Personal Injury
Bankruptcy
Business
Criminal Law
Elder Law
Estate Planning/Probate
Real Estate
 

Protecting the Debtor's Home from the Claims of Creditors During Bankruptcy

Upon filing for bankruptcy under either Chapter 7 or Chapter 13, a debtor can face the risk of losing some ...(more)

 

Billing Dispute Protection under the FCBA and the EFTA

The Fair Credit Billing Act (FCBA) and Electronic Fund Transfer Act (EFTA) were enacted by Congress as a means to ...(more)

 

The Appointment of a Creditors' Committee in Chapter 11 Reorganization Cases

As the efficient administration of the Chapter 11 debtor's reorganization plan is crucial to the successful rebirth of the business ...(more)

 

Remedy for Non-Compliance with Bankruptcy Court Orders

The bankruptcy court controls the processing of bankruptcy cases. In many instances, the court must issue orders to force a ...(more)

 

Bankruptcy Law In The News

Former NFL Quarterback Vince Young Files For Bankruptcy

Central California Diocese Files for Bankruptcy

Duke Energy settles suit over Crescent bankruptcy

Detroit water department mediation to continue next week

Detroit bankruptcy plan threatens survivor benefits of families of fallen cops, firefighters

Bankruptcy Court Hearings


A United States bankruptcy judge has the ultimate discretion whether to grant requests for bankruptcy relief. In addition, the judge can issue any necessary orders to ensure compliance with the bankruptcy laws, and to ensure efficient administration of bankruptcy cases.  Depending on what type of bankruptcy is involved, the debtor seeking relief may never be required to appear in front of the judge.

Common Situations
Hearings before a bankruptcy judge may be necessary in the following situations, regardless of what type bankruptcy case (chapter) is involved:

  • Objections to your bankruptcy (by creditors and/or the bankruptcy trustee)
  • Discovery issues (such as debtor failure to produce relevant documents)
  • Violations of bankruptcy laws (for example, improper creditor harassment of debtors after a bankruptcy petition has been filed)
  • Where issues relating to dischargeability of certain debts cannot be resolved without judicial intervention
  • For approval of agreements to reaffirm certain debt obligations
  • To convert the case to another chapter

Chapter 7 Cases
In Chapter 7 bankruptcies (liquidation), most debtors are not required to appear in front of the presiding judge.  Rather, the bankruptcy trustee assigned to the individual case will generally oversee its administration and resolution.

Chapter 13 Cases
In Chapter 13 bankruptcy cases, the assigned judge typically approves the debtor's plan at a formal hearing. This may be the only time the debtor must appear before the judge.

Chapter 11 Cases
Chapter 11 (reorganization) cases typically involve businesses, and consequently a fairly large number of assets and creditors.

Accordingly, the bankruptcy judge almost always plays an active role in administering Chapter 11 bankruptcy cases, supervising and presiding over hearings regarding matters similar to Chapter 7 and Chapter 13 filings and also hearings regarding:

  • Plan confirmations
  • Disclosure statements
  • Employment of professionals such as accountants and appraisers
  • Use of cash collateral

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