QUESTION

What happens when you miss a bankruptcy court date due to hospitalization?

Asked on Jun 11th, 2012 on Bankruptcy - Texas
More details to this question:
This is in California.
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5 ANSWERS

Usually they continue the case for about a month and issue an order that you appear. You may want to send a letter to your trustee.
Answered on Jun 20th, 2012 at 1:42 PM

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At the very least, your date will be continued. However, you need to prepare and file the papers letting the court (or the trustee if you are talking about a 341 meeting, rather than an actual court date) know. Attach a copy of your discharge summary or a bill or something that verifies that you were hospitalized. It also depends on how long ago it was, how long you have been out of the hospital and what actually happened while you were in the hospital. If you were supposed to have done something, besides attend a hearing, like prepare paperwork, do so now and submit what you should have submitted while you were hospitalized.
Answered on Jun 19th, 2012 at 5:34 PM

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If a meeting of creditors is missed it is usually continued once. If a motion in court is missed the judge might have rules against you.
Answered on Jun 19th, 2012 at 5:27 PM

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Bankruptcy Attorney serving Bonita, CA at Debt Relief Legal Clinic
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The best practice is to be pro-active with the trustee and Court/judge assigned to your case. Use the telephone and make the trustee and Court aware of illnesses, each will generally be compassionate and set a date for continued hearing(s) in your case, or even that your appearance is excused, if appropriate. It is important the petitioner seek competent counsel in the petitioner jurisdiction to determine qualifications and rights under Title 11 of the United States Code.
Answered on Jun 19th, 2012 at 5:21 PM

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You need to inform the court and provide proof to reset the date.
Answered on Jun 19th, 2012 at 5:19 PM

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