You can reschedule your bankruptcy hearing, if you need to. If we represent you, the only thing you need to do is let us know that you need to reschedule the hearing at least24 hours prior to the scheduled hearing. Per the terms of the retainer that you signed with our office, if one of your attorneys attends the hearing and you do not appear at the hearing, you will be charged attorney fees for their time.
It is important that you also understand that the continuance procedure in bankruptcy cases is not like most legal proceedings. In most legal proceedings, once we realize that we need to continue the hearing, we file a Motion letting all of the parties know and then we typically have a hearing where everyone has their calendars available. We all come to an agreement on a date that works for everyone and the judge issues an Order accordingly.
As you can imagine, given the fact that the trustees have so many cases it is virtually impossible to try to make everyone’s schedules correspond. Additionally, they schedule approximately seven hearings in a half-hour period, so you can’t really select the best time that works for you.
As strange as it sounds, the way to continue your hearing is actually to just fail to show up. Then the hearing is automatically rescheduled to the next date and time that the particular trustee handling your case will be available. Click here to be directed to the bankruptcy court’s 341 calendar, which will let you know which days they will be holding bankruptcy hearings in your city. The trustee’s name will appear in parenthesis. You will find your
You are allowed to do this once. Just once. If you absolutely cannot make it to the second scheduled hearing, your case could be dismissed; however, just contact your attorney’s office as soon as you realize you will not be able to attend.
Click here to be directed to a blog that explains what your options are if you absolutely cannot appear at your hearing whatsoever.