Will the Bankruptcy Court Approve my Bankruptcy in New York?

A common question we get from our clients and prospective clients in Manhattan, Bronx, Brooklyn and adjacent counties is if the Bankruptcy Court/Bankruptcy Judge will “approve their case”.

In a typical personal bankruptcy case you will not encounter a bankruptcy judge. There will not be a hearing held in the Bankruptcy Court for the Judge to evaluate your bankruptcy petition and approve it or deny it.

In the typical non-business consumer bankruptcy case your only personal contact with the “bankruptcy system” will be at the meeting of creditors at which the chapter 7 trustee or chapter 13 trustee (depending on which chapter of bankruptcy you file) will ask you questions about your income, assets, debts and financial history. However, the trustee is not a bankruptcy judge. He or she does not have the power to “approve” or “disapprove” your case. A denial of discharge or dismissal of a personal bankruptcy case can only be done by a bankruptcy judge. However, a trustee can bring a motion seeking to deny discharge or dismiss a bankruptcy case in appropriate cases.

Upon filing a bankruptcy petition with the Bankruptcy Court the case proceeds on track towards the ultimate goal of obtaining a discharge, provided that the debtor complies with all of the requirements for a debtor in a bankruptcy case. So in the typical case we start with the assumption that the debtor will obtain a discharge unless something happens to challenge that.

At Starr & Starr, PLLC, we prepare all of our clients extensively for the meeting of creditors in an in-person or telephonic meeting that we have with them a few days in advance of the meeting of creditors. In addition, all of our clients have attorney representation at the meeting of creditors by an experienced bankruptcy attorney. We have had good results in obtaining discharge of debt for our personal bankruptcy clients.

At Starr & Starr, PLLC we are active in representing debtors in bankruptcy cases. Please feel free to contact us at 888-867-8165 or by e-mail at info@starrandstarr.com to schedule a consultation.