Here’s a great overview of what we do as Kansas City bankruptcy lawyers. The United States of America has an article in the Constitution that allows the Congress to make a uniform law based on bankruptcy. This grant of authority enacted by Congress in 1978 is called the Bankruptcy Code. This code has been amended several times since its beginning and it is the uniform federal law that will govern any or all bankruptcy cases. The Federal Rules of Bankruptcy Procedure which is sometimes called the “Bankruptcy Rules” governs all of the procedural aspects of any bankruptcy process. There is also local rules that are in place by each bankruptcy court.
There is an official set of forms that are used in every bankruptcy case. These forms can be found within the Bankruptcy Rules. All of this information is provided for dealing with the legal procedures when it comes to any debt problems that an individual or a business may have. Each judicial district of the United States of America has a bankruptcy court. Every state will have at least one but maybe more of these districts. As of now there are 90 bankruptcy districts in the United States of America. As a rule each bankruptcy court will have their own clerk’s offices. The decision making power in regards to any federal bankruptcy case is the United States bankruptcy judge.
He is the court official and a judicial officer for each District Court in the United States. The judge who handles bankruptcies has the power to decide on any matter that is connected with a personal or business bankruptcy case. This will include things such as if a debtor can receive a discharge of debts or if he is eligible to file. A good portion of the bankruptcy process will be administrative. This will be conducted in locations that are not in the courthouse. In regards to bankruptcy cases that are filed under chapters 7, 12, or 13 the administrative process may be carried out by an appointed trustee who will have the responsibility of overseeing the case.
The debtor will have very little involvement when it comes to dealing with the bankruptcy judge. Typically, a debtor who is filing under Chapter 7 will not see the bankruptcy judge or appear in court unless there is an objection raised in the bankruptcy case. If a debtor is filing a Chapter 13 he may appear before a bankruptcy judge but only at a plan confirmation hearing. Most debtors will only appear at a formal proceeding meeting of creditors which is normally held in the office of the U.S. Trustee.
This type of meeting is called the 341 meeting due to the fact that section 341 found in the Bankruptcy Code dictates that a debtor must attend this meeting so that his creditors are able to question the debtor about any property or debts. It should be stated however that the primary goal of the law for federal bankruptcy that was enacted by Congress is to provide a debtor a financial fresh start from any burdensome debts. This point was clearly made by the Supreme Court in a 1934 decision. A Kansas City bankruptcy attorney will be able to explain all of this in detail. Therefore, call your local Kansas City bankruptcy attorney for further information.