Question from a reader:
I have a question about personal bankruptcy. On June 23, I submitted a petition to the court through my lawyer. During the final meeting with my lawyer, I was told that there would be no court interview. I received a notification of the decision on legal aid from the Legal Support Center on July 7 and returned
it on July 9, but I have not heard anything after a month. Upon investigation, I found that the court is on summer recess from July 21 to August 31. Will the bankruptcy proceedings not progress during this period?

The Impact of Summer Recess on Personal Bankruptcy Proceedings

I received a question regarding personal bankruptcy. Specifically, it concerns how the court’s summer recess affects the proceedings. This is a very important topic and requires careful consideration. I have an interest in law and have encountered such cases through my experience at a judicial scrivener office. Therefore, I would like to explain the flow of personal bankruptcy and its implications through my response to this question.

The Basic Flow of Personal Bankruptcy

First, let’s review the process of personal bankruptcy. Generally, personal bankruptcy follows these steps: 1. Consultation with a lawyer: Organize the debt situation and determine whether personal bankruptcy is an appropriate choice. 2. Submission of the petition: Submit the petition to the court through a lawyer. 3. Examination: The court examines the petition and verifies the necessary documents. 4. Interview: If there is an interview from the court, explain the reasons for the debt and living situation. 5. Commencement of bankruptcy proceedings: If the examination is passed, the bankruptcy proceedings officially begin. As you can see, personal bankruptcy involves several steps, each of which can take time. Particularly, court procedures are very important and must be conducted properly.

The Impact of Summer Recess

Now, back to the main topic. As the questioner mentioned, the court will enter summer recess from July 21 to August 31. During this period, court operations will be suspended, so it is certain that bankruptcy proceedings will not progress. Specifically, since the examination of the petition and interviews will not take place, there will be no developments during this time. In my experience, it is common for procedures to be delayed due to summer recess. Especially for complex cases like personal bankruptcy, the burden on the court is significant, so one often has no choice but to wait until the recess is over. This can be a very stressful time. It is mentally challenging to have the process stalled while suffering from debt.

Anxiety When There Is No Interview

The questioner has been told during the final meeting with the lawyer that there will be no court interview. Such a situation can be a source of anxiety, especially for those considering personal bankruptcy for the first time. I have previously received similar inquiries from clients. At that time, many expressed concerns like, “Is it okay that there is no interview?” In reality, as the lawyer mentioned, the court’s policy has changed recently, and cases where interviews are omitted are increasing. However, when there is no interview, the court will make judgments based on the submitted documents, so it is crucial that all necessary information is properly organized. This point requires close coordination with the lawyer.

Considering Future Proceedings

Thinking about how the proceedings will progress after the summer recess, there are several points to consider. After the recess ends, the court will process the accumulated petitions all at once, which may allow for faster progress than usual. Therefore, there is a chance to make up for the delays. However, there are also points to be cautious about. As the proceedings advance, the court may require more documents and information. This is particularly true for detailed proof regarding assets and income, so it is necessary to prepare thoroughly in advance. Maintain close communication with your lawyer to confirm the information you need.

The Significance of Choosing Personal Bankruptcy

Choosing personal bankruptcy is not an easy decision. There must have been many conflicts and anxieties leading up to this decision. As a judicial scrivener, I have received consultations from many individuals, and I feel that having the courage to decide on personal bankruptcy is sometimes necessary to protect oneself. Personal bankruptcy is a path to liberation from debt and an important step toward starting anew. The questioner has taken the first step toward building a new life through personal bankruptcy. I sincerely hope that the upcoming proceedings will go smoothly.

Conclusion

The impact of summer recess on personal bankruptcy proceedings is unavoidable. However, this is temporary, and the proceedings will resume after the recess. By closely coordinating with your lawyer and confirming necessary documents and submitting additional information, you can facilitate a smooth process. Finally, the decision to declare personal bankruptcy requires courage and has a significant impact on one’s future life. It is essential to approach this with a positive attitude to welcome a new life. I sincerely wish for the questioner that the future moves in a better direction.