Defending motions in bankruptcy
In Chapter 13 bankruptcy, attorneys are in court virtually every week making arguments, appearing in front of the judge, and advocating for clients. In fact, in the law field, consumer bankruptcy and criminal defense attorneys typically rack up more court appearances on a routine basis than any other area of law. I personally have appeared at well over 5,000 court meetings and hearings during the past number of years myself. It goes with the territory.
When you are served with a motion, you must respond (or you lose), and if you respond, you must do so truthfully, and, if at all possible, through a lawyer. Motions are typically very technical argument, and it is not uncommon for a judge, especially at a Chapter 13 confirmation hearing to say to a Debtor without a lawyer: “You can’t proceed without a lawyer. I’ll give you 4 weeks to find a lawyer, but your case will be dismissed if you do not find a lawyer.” This is grim advice, although as a bankruptcy attorney in Chapter 13 practice, there is typically a way to assist the client in case resolution if the judge makes such a demand.
When you respond, your lawyer will work with the moving party to either resolve the matter or go to an evidentiary hearing to resolve the matter.
This begs the question – what is an evidentiary hearing?