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If I go Bankrupt will I have to appear in Court?

It all depends, BUT in most simple consumer bankruptcy cases no, there will be no Court appearance. What there will be is a "meeting of the creditors" you will have to attend, usually about one month after your case is filed. At the meeting, you will be sworn in and asked questions about your debt, assets and ability to pay. The person asking the questions will be a "trustee," who you can think of as the lawyer for your creditors. The trustee is looking to see if he can get any money from you. Your attorney will prepare you for the meeting and will accompany you. If there is any possibility that you might have to pay something, and if you have been thoroughly honest with your lawyer, he or she will have usually dealt with the issue in conjunction with the trustee well in advance of the meeting, advised you of what's been done, and told you what types of questions to expect. The only time that a Court appearance (as in, before a Judge) occurs in most consumer bankruptcy cases is where a major controversy develops or where there is an allegation of fraud. An example might be a credit card company claiming that the debtor committed fraud when he applied for the card. Another such situation might be with regard to an alleged "preference" payment (See my Article on what is a Preference). Give me a call and let's talk your situation over. I can be reached at 518-533-5982.

Attorney Paul B. Sherr serves clients in the following areas:

New York: Albany, Troy, Rensselaer, Saratoga Springs, Clifton Park, Schenectady, Hudson, Glen Falls, Washington County, Schoharie County, and Greene County.


Massachusetts: Berkshire County, including Pittsfield, Dalton, Washington, Otis, Becket, Hinsdale, Richmond, Lenox, Lee, Stockbridge, West Stockbridge, Great Barrington, Alford, Sheffield, Tyringham, Monterey, Egremont, Cheshire, Adams, North Adams, Hancock, Williamstown, and Lanesboro.

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We hired Attorney Sherr for litigation with great results. His work is outstanding and to this day, he is my business attorney.
With my sincere thanks,
- - Mary A Busch

Dear Paul, I just want to take a few moments to express my gratitude for all the support and expertise you provided me in a situation I was certain had no solution. You were wonderful Paul. Thank you for my peace of mind.
- - Rose M.


I recently enlisted his help in a home owners insurance claim issue. He was very quick to get to the heart of the matter and had it settled in a very timely manner.
- - George and Carol Karlewicz


I needed advice about a financial problem, and I needed advice about bankruptcy. Attorney Sherr is accountable, thorough, and down to earth. I recommend him without hesitation.
- - N. Lowe

Paul Sherr made a difficult situation easy and understandable. I highly recommend his services. He took care of my case is a quick and efficient manner, while being generous with his time and fair with his fees.
- - Kathryn Levin
149 Main Street
Ravena, New York 12143
Phone: 518-533-5982
Fax: 312-253-1173

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