A few weeks ago, I discussed when New York bankruptcy debtors need to appear at the bankruptcy court. A question that commonly follows is, “What do I wear and how do I behave?” Okay, that’s two questions but they’re essentially the same: How should debtors comport themselves when they appear at bankruptcy court?
The short answer is that debtors should behave the same way as when they appear at normal courts. Superficially, that might not be helpful, but I raise it because bankruptcy court is not inferior to other courts. They are staffed by real judges—federal judges, not state judges—who’ve had distinguished careers as lawyers. Now, most debtors never actually encounter the bankruptcy judge and instead they just talk to the trustee at their 341 meeting of the creditors. The trustee, though, is still worthy of the same respect as any bankruptcy judge, so the same rules apply. Here are some examples:
- Wear clothes for business. This means a belt and nice shoes but no jeans. Don’t wear anything with writing on it, especially advertising. If you’re working that day, then your occupational uniform can be appropriate, like scrubs for medical professionals. Debtors shouldn’t wear shorts unless it’s part of their uniforms. Do not wear hats while in the courtroom.
- Do not use e-cigarettes, chew gum, eat food, or drink anything in the courtroom, even if your beverage is sealed.
- Arrive on time—preferably early, actually. Budget enough time to not appear haggard or rushed.
- Children should stay home. It’s not uncommon for courts to fall behind schedule (still arrive early) and debtors to sit around for long periods of time. Long periods of time with nothing to do are just asking for tantrums from children.
- Try to sit still and not draw attention to yourself. For instance, don’t bring a briefcase into work and start shuffling through papers.
- When the judge stands, you stand. If you’re unsure what to do, take your cues from your lawyer.
- After that, the typical rules of politeness apply. Let anyone who is speaking finish before you talk. Only talk when it is your turn. Be succinct in your answers. Do not interrupt people.
- Using, “sir,” “ma’am,” and “thank you,” is appropriate.
- Control your emotions, whether a decision goes against you or even if you’ve received a favorable ruling. (Okay, it’s fine to smile.)
- And last of all: You will check your mobile phone in with security when you enter the courthouse so you will not have it on your person (unless you’re a lawyer). Obviously, leaving it home isn’t such a bad idea either. Nevertheless, deactivate or silence any other electronic devices that make noise, like beeping watches.
It may seem like asking a lot in a society that’s become more casual in the last several decades, but remember two things. One, some things don’t change or only change slowly, which includes the judicial system. Two, debtors are asking the court for help on the court’s time not their own.
Dressing well and behaving well are not going to be enough to file a successful bankruptcy. If you are encountering serious financial difficulties, then talking to an experienced New York bankruptcy lawyer can help you assess your options.
For answers to more questions about bankruptcy, the automatic stay, effective strategies for dealing with foreclosure, and protecting your assets in bankruptcy please feel free to contact experienced bankruptcy attorney Brooklyn NY Bruce Weiner for a free initial consultation.