Legal Question in Bankruptcy in California

Bankruptcy Failure to Appear

I failed to appear in court for my chapter 7 bankruptcy hearing because of a family emergency. I was unfortunately unable to notify my lawyer ahead of time. What am I looking at to resolve this situation and get another court date?


Asked on 10/06/07, 2:10 am

2 Answers from Attorneys
Brian Whitaker Lifeline Legal, LLP

Re: Bankruptcy Failure to Appear

Call your trustee immediately, explain why you failed to appear, and ask for a continuation date. If he/she gives you one, inform your attorney (who may charge you a little more for the additional appearance). If all you could do was leave a message, call your attorney immediately and see if the trustee set a "holding date" to see if the Debtor (you) may have had a valid excuse for failing to appear.

If all of this fails and the Trustee dismisses the case, you could file a motion to reconsider the dismissal and argue your case in a later hearing; but it would probably be more economical to simply re-file your Chapter 7 (most attorneys will give a substantial discount for re-filing a Chapter 7).

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Answered on 10/06/07, 2:37 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy Failure to Appear

I don't know about your county, but in LA and San Francisco, the trustee automatically sets a second date and sends out a notice. If you want to e-mail me with your case number, I'd be happy to take a look and see what's doing with your BK case.

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Answered on 10/06/07, 3:34 am


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