What is a Typical Bankruptcy Case Timeline?Time

We often get asked, "How long will it take to get my case ready?" and "How long will my bankruptcy case last?" This often depends on YOU... Below is a timeline for a typical Chapter 7 and Chapter 13 Bankruptcy Case.

 


Chapter 7 Bankruptcy

(Time required in italics)

Case Preparation

     

A. Initial Free Consultation with Your Attorney

 

(You decide when!)

B. Retainer Meeting(Where you agree to retain the firm, pay a down payment and get the case started)

 

(You decide when!)

C. Review Meetingwith your attorney. (Here you determine when it is in your best interest to file … sometimes immediately … sometimes the strategy may be to wait and file at a later date)

    1. Note that many attorneys these days will not do any strategizing regarding the time of filing and will simply want you to file NOW. If so, RUN.
 

(Determined by YOU - depends on you getting all of the necessary information in to your attorney, getting your Counseling Class completed, and getting your attorney fees paid.).

D. Signing Meeting(Where you go over the documents with your attorney and sign the "ready to file" Petition and other court paperwork)

 

(Determined jointly by you and your attorney)

   

 

Court Process:

 
Example Date

 

E. Case Filing Date

March 1

(Determined jointly by you and your attorney)

F. Meeting of Creditors

April 5

(Normally 30 to 45 days after filing)

G. Education Class Deadline

May 20

(This class must be completed within 45 days after your Meeting of Creditors)

H. Discharge Objection Date

June 5

(60 days after Meeting of Creditors)

I. Discharge Date

Anywhere from June 15 - July 30

(When Court gets around to issuing Discharge Notice)

J. Case Closing Date

This will depend on whether the Trustee has collected any $$ or assets to be distributed to creditors and how quickly he/she gets around to distributing the funds.

(When your Trustee finally "closes" your case)

 

 

Chapter 13 Bankruptcy

(Time required in italics)

Case Preparation

   

 

A. Initial Free Consultation with Your Attorney

 

(You decide when!)

B. Retainer Meeting(Where you agree to retain the firm, pay a down payment and get the case started)

 

(You decide when!)

C. Review Meetingwith your attorney. (Here you determine when it is in your best interest to file … sometimes immediately … sometimes the strategy may be to wait and file at a later date)

    1. Note that many attorneys these days will not do any strategizing regarding the time of filing and will simply want you to file NOW. If so, RUN.
 

(Determined by YOU - depends on you getting all of the necessary information in to your attorney, getting your Counseling Class completed, and getting your attorney fees paid.).

D. Signing Meeting(Where you go over the documents with your attorney and sign the "ready to file" Petition and other court paperwork)

 

(Determined jointly by you and your attorney)

   

 

Court Process:

 

 
Example Date

 

E. Case Filing Date

March 1

(Determined jointly by you and your attorney)

F. First Payment Due to the Chapter 13 Trustee

April 1

(3o days from the date of filing)

G. Meeting of Creditors

April 15

(Normally 40 to 45 days after filing)

H. Filing Amended Plans (if Needed)

May 20

(3 to 20 days after the Meeting of Creditors)

I. Plan Confirmation Date

This will depend upon your plan provisions and whether anything in your plan is unusual. Generally this takes place about 2 to 3 months after the case is filed, but may take longer.

(Normally within 2 to 3 months after filing)

J. Education Class Deadline

At least 60 days before your last plan payment.

(Class Certificate must be filed with the Court)

K. Last Payment Date

This will depend on whether your plan is a 36 month or 60 month plan.

(Last payment that you make to the Chapter 13 Trustee)

L. Discharge Date

Usually within 30 to 120 days after your last payment AND your completion certificate form is returned to the office for filing.

(When Court gets around to issuing Discharge Notice)

M. Case Closing Date

Normally within a month after the last payment.

(When the Chapter 13 Trustee finally "closes" your case)

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Title 11 of the U.S. Code (Bankruptcy Code) to help people file bankruptcy