Bankruptcy - Timeframe From Start to Finish

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Chapter 7 bankruptcy is a process whereby a debtor eliminates the majority of unsecured debt by filing a petition and appearing at a meeting of creditors. The entire process takes approximately 120 days and could require as little as one court appearance. The typical time-frame is as follows:

1) Filing of the petition with the clerk of the U.S. bankruptcy clerk. A notice is sent to all creditors, the debtor, the debtor's attorney and the panel trustee.

2) The 341 meeting of creditors is held approximately four to six weeks after the date of filing.

3) The debtor waits an additional 60 to 90 days until receiving a discharge order. The discharge may be delayed by the panel trustee.

If everything goes well, the debtor's case will last approximately 120 days from start to finish. If a creditor objects, there may be a separate case within the bankruptcy case to determine the dischargeablility of the debt. That case is typically not covered in the attorney's representation agreement. That is because the adversarial case is far more difficult than the total bankruptcy filing in a simple case.

Absent an adversarial complaint, the debtor is well on his way to a fresh start within four to five months at the latest. That means that the debtor can start saving money, can obtain auto financing and can start rebuilding. What may have seemed like an impossible option turns out to be a lifesaver for many individuals. Only an experienced bankruptcy attorney can advise you regarding your rights under the U.S. Bankruptcy Code.

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Chapter 13 Bankruptcy Dismissal

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Bankruptcy is a legally declared inability of an individual or organization to pay creditors. During the course of a bankruptcy, a debtor may ask a court to dismiss the case. If the court finds that dismissal will not harm the creditors, ordinarily a court will grant a petition to dismiss a Chapter 7 or a Chapter 13 bankruptcy.

There are several reasons a debtor may prefer to file a Chapter 13 bankruptcy petition. The reasons include the debtor wishes to resolve certain debts that may not be discharged in a Chapter 7 bankruptcy. The debtor may also wish to protect certain cosigners on personal loans from being pursued by creditors for repayment or feels obligated to repay certain debts. The debtor may believe that future creditors will look more favorably on Chapter 13 reorganization than a Chapter 7 discharge. A debtor may be required to file a Chapter 13 bankruptcy if he or she has received a Chapter 7 bankruptcy discharge within the prior six years, or obtained a Chapter 13 bankruptcy discharge within the prior six years and has not paid off at least 70% of the unsecured debts and was subject to the discharge of a prior Chapter 7 or Chapter 13 bankruptcy filing within the prior 180 days, because the debtor violated a court order, or requested dismissal after a creditor sought relief from the automatic stay.

After filing a Chapter 7 bankruptcy petition, some debtors discover that they are better served by pursuing relief under Chapter 13. By filing an appropriate motion with the bankruptcy court, the debtor has an absolute right to convert the petition to a Chapter 13 filing, if the debtor has not previously converted a Chapter 7 bankruptcy to a Chapter 13 bankruptcy, and the debtor's estate qualifies for Chapter 13 relief.

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