How Long Until Court?

Many persons filing for the first time are understandably concerned and worried about making an appearance in federal court. For the most part, these concerns and fears are unwarranted. Having filed successfully thousands of bankruptcies Morse Law attorneys will be able to advice you of any complicated issues that could arise in your case. Knowing what to expect will make your hearing more tolerable.

For the most part Morse Law’ “341” Hearings take approximately half the time of those being conducted at the same time or on the same docket. The “341” Hearing takes place for Chapter 7 filings approximately 30 days after the filing date. For a Chapter 13 bankruptcy filing, the “341” Hearing takes approximately 30-45 days after the bankruptcy filing.

Many clients have events, meetings, birthdays, vacations or other personal obligations scheduled well in advance of these dates. Unfortunately these dates are assigned by random lot and can not be changed. If for some reason you are unable to attend your “341” hearing due to circumstances beyond your control, we can generally obtain a continuance for you. In times of war such as the one that we find ourselves in at present, many people are concerned that their spouse will not be able to attend due to deployment over seas. In most cases, the spouse will be able to attend the hearing telephonically. In these instances, those deployed over seas will make an arrangement of time to meet with the Court over the telephone. Their identity can be verified by their commanding officer.

In further more extenuating circumstances there are other entities available to ensure that you are present at your “341” Hearing. Attendance is mandatory at “341” Hearings. The debtor must be present to speak to the veracity of their petition and to be available to creditors should they decide to come and ask questions. For the most part creditors do not show up at “341” Hearings. There is simply very little for a creditor to do at a “341” Hearing where the case does not present issue of fraud.

Having conducted “341” Hearings thousands of times, I am aware that there is nothing we can write or say that will ever make someone truly comfortable with the prospect of going into a federal court house. If you find yourself with the time and availability, I would encourage you to go down to 721 19th street which is the U.S. Customs House and location of all “341” Hearings conducted in Denver. Room 125 is where most of these hearings are conducted and they are open to the public. Feel free to quietly sit in the back of the room and hear the proceedings.

In most instances you will be asked to arrive at your own “341” Hearing approximately 10-15 minutes prior to the hearing time. This serves two purposes. The first is to allow you moments to go through some additional paperwork that will need to be filled out with your attorney. The second is to allow you to hear a proceeding or two before you will testify for your own. It is usually in this process, of hearing proceedings prior to your own, that makes most people realize that most trustees are not out to get them.

Trustees are simply asking the standard questions they must ask of all debtors to comply with the federal statutes. Again there is nothing in a “341” Hearing worth experiencing anxiety or dread over. If there are any issues that may be complicating in your “341”, your attorney will have let you know well in advance of the hearing so that you can be prepared and have documents present if necessary to subdue the complicating issues.


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Contact Information

Denver Office:
Morse Law, LLC

  • 910 16th Street Mall Ste 1100
    Denver, CO 80202
  • 303-300-6684
  • 720-941-2755

Colorado Springs Office:
Morse Law, LLC

  • 121 S Tejon St Ste 1107
    Colorado Springs, CO 80903
  • 719-302-3655
  • 720-941-2755

Ft. Collins (Area) Office:
Morse Law, LLC

  • 1635 Foxtrail Dr
    Loveland, CO 80538
  • 970-672-1263
  • 720-941-2755