Quick summary ⚡
➡️ For most Florida bankruptcy cases, you will not go to a traditional courtroom or see a judge.
➡️ Your only mandatory appearance is a brief “341 Meeting of Creditors”, which is typically held remotely by phone or video.
➡️ Your attorney prepares you for this meeting and attends it with you.
➡️ For all other potential court hearings that may arise, your attorney attends on your behalf, ensuring you do not have to miss work or travel to the courthouse.
Legally reviewed by attorney Robert Stiberman
About Florida Bankruptcy Hearings
Thinking about a legal process like bankruptcy, it’s easy to picture a dramatic courtroom scene. But the reality is far less intimidating and much more practical. The system is designed to be primarily administrative.
For busy Floridians, there´s not the fear of court but also the logistics. Will I have to take time off work? How often? Do I need to travel to the courthouse? Let me provide clear answers to those practical questions.
The Only Mandatory Hearing: The 341 Meeting of Creditors (Remote)
Every person who files for bankruptcy must attend a hearing mandated by Section 341 of the U.S. Bankruptcy Code. It is called the “Meeting of Creditors”. The purpose of this meeting is for the bankruptcy trustee (a court-appointed official who oversees your case) to verify your identity and confirm the information in your filing is accurate.
Key Facts for Your Florida 341 Hearing:
- It is Not in a Courtroom: There is no judge. This is not a trial.
- It’s Usually Remote: In Florida’s Southern, Middle, and Northern Districts, these hearings are typically conducted by phone or video call. You can attend from your home or our office, eliminating travel and saving you an entire day off work.
- Creditors Rarely Appear: Despite the name, it is very uncommon for creditors to show up for a standard consumer bankruptcy hearing.
- It is Brief: The trustee asks a series of standard questions under oath, and the entire meeting for your case usually lasts only 10-15 minutes.
Your attorney's job is to prepare you for these questions and sit right beside you (virtually) during the meeting. Their presence ensures the process is smooth and professional.
How Your Attorney Saves You Time: Handling Other Court Appearances
Beyond the 341 Meeting, other hearings can occur, but your personal attendance is rarely required. This is one of the most significant benefits of hiring an experienced Florida bankruptcy attorney.
| Hearing Type | Who Attends? | How Your Attorney Helps |
|---|---|---|
| 341-Meeting of Creditors | You and your attorney. (Mandatory) | Prepares you and manages the interaction with the trustee. |
| Chapter 13 Confirmation Hearing | Your attorney attends for you. (In most non-contested cases) | Your attorney appears before the judge to get your repayment plan approved, while you are at work or home. |
| Reaffirmation Hearing (Chapter 7) | Your attorney often attends for you. (If required) | If you reaffirm a debt like a car loan, the court may want to review it. Your lawyer can typically handle this. |
| Contested Matters / Objections | Your attorney attends for you. | If a rare dispute arises, your lawyer goes to court to argue the legal points before the judge on your behalf. |
As the table shows, once the single mandatory hearing is complete, your attorney becomes your legal representative in court. You hire them to handle the complexities of the legal system so you can focus on your job and your family.
The Florida Bankruptcy Process: Designed for Efficiency
The bankruptcy system in Florida is built to handle a high volume of cases efficiently. Judges and trustees rely on attorneys to present information correctly and handle procedural matters without requiring the debtor’s presence at every step.
This is especially true in Chapter 13 bankruptcy. After your 341 meeting, your case will have a “Confirmation Hearing” where the judge officially approves your repayment plan. In the vast majority of cases in Florida, as long as your plan is in order and no creditors have filed a serious objection, your attorney will attend this hearing on your behalf. You will be notified of the successful outcome without ever having to step foot in the courthouse.
Your attorney is your representative in court
An experienced Florida bankruptcy attorney provides value by:
- Minimizing Your Time Commitment: Ensuring you only attend the single, brief hearing that is absolutely mandatory.
- Handling All Court Communications: Serving as the official point of contact for the trustee and the judge’s office.
- Appearing in Court on Your Behalf: Attending confirmation hearings and other procedural matters, saving you from taking time off work.
- Managing the Entire Legal Process: Allowing you to focus on your financial recovery, not legal deadlines.
At Stiberman Law, we’ve helped thousands of Floridians navigate bankruptcy while protecting their careers, professional licenses, and future opportunities. Call us today at (954) 218-5056 for a free, friendly chat with a Florida bankruptcy attorney who understands your journey.
Sources
- The 341 Meeting of Creditors (Official Overview): https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics
- Federal Rules of Bankruptcy Procedure: https://www.law.cornell.edu/rules/frbp
- Florida Bar Consumer Pamphlet – Bankruptcy: https://www.floridabar.org/public/consumer/pamphlet003/
