Summons to the hearing
A few days after the court receives your petition, the court will invite you, the petitioner, to go to the hearing. This ‘summons’ (invitation) tells you when and where the hearing will take place. Bankruptcy hearings usually take place on the same day each week, often on Tuesdays.
Are you a private individual, or a private individual with a business (the owner of a sole-trader company, a partner in a commercial partnership (VOF) or a managing partner of a limited partnership (CV))? In that case, your invitation to the hearing will tell you that you can ask to restructure your debts. ).
If you do not need to explain your request in person
If you, the petitioner, do not want or need to explain your petition in person during the hearing, you can write a letter to tell the court this when you submit your petition. The judge can then make a decision without an ‘oral hearing’ (talking about the case during a hearing). If the judge thinks that the case needs a hearing, the court will invite you to that hearing.
At the hearing
If you have received a summons, you must go to the hearing to explain your case in person. If you do not go to the hearing, it can be bad for your case. The court will also invite the person who signed the petition with you (for example your husband/wife or partner) to go to the hearing. If that person does not go to the hearing, you must give the judge a document written by that person which contains his or her power of attorney (authorisation to act for someone else).
During the hearing
The judge will ask questions during the oral hearing. The judge will check to see if you meet the requirements, and he or she will then decide whether or not to grant your petition.