Chapter 13 Bankruptcy Timeline
Typically, when a person files for Chapter 13 bankruptcy, they are given 3-5 years to repay their debts, as established in a bankruptcy debt repayment plan. The court proceedings you will be required to attend are fairly simple. There are several dates you should be aware of, as they may have an impact on your right to file a case, or the outcome of the case if you are. Following is a timeline that illustrates the relevent dates in a typical Chapter 13 bankruptcy case.
- 4 years before
- 180 days before
- 90 days before
- Your case is filed
- 15 days after
- 30 days after
- 6 weeks after
- 180 days after
- 3-5 years after
Four Years Before Your Bankruptcy
If you receieved a discharge under Chapter 7, 11, or 12 within the prior four-year period, you are not eligible to file for Chapter 13. If the previous case was a Chapter 13, there is a two year waiting period to be eligible for another Chapter 13 discharge.
180 Days Before Your Bankruptcy
If you had a prior bankruptcy case that was dismissed because you failed to obey the court orders, or you asked for the dismissal personally within 180 days of filing for Chapter 13, you may be required to wait until the following 180 days pass. You must also receive a credit briefing from a certified credit counselor within the 180-day period before filing for bankruptcy.
90 Days Before Your Bankruptcy
To file a bankruptcy case in the current state in which you live, you must have resided in the state for at least 90 days. If you have not lived in the state for 90 days, you must file your case in the state where you lived, or the state where your principal assets have been for a majority of the previous 180 days.
Your Case is Filed!
- When your bankruptcy petition is filed with the appropriate bankruptcy court, your case is formally commenced. An Automatic Stay will be entered as soon as you file your petition, which will prohibit your creditors from taking any further collection or legal action against you. This will end all harassing letters and phone calls while your case is in progress.
- The court will then send a notice of your bankruptcy case to all of the creditors listed in your petition.
- The court will also appoint a bankruptcy trustee to oversee your case. A bankruptcy trustee is a federal employee assigned by the court to monitor your case and ensure that you are eligible for bankruptcy. They will review your petition to make sure it is complete and accurate, and then set up a meeting of your creditors.
15 Days After Your Case is Filed
Though your bankruptcy lawyer will most likely file these schedules with your petition, it is important to note that you have 15 days after you file your petition to file certain financial "schedules" with your court documents that list all of your assets, income, expenses, liabilities and a statement of your affairs. Speak with your attorney if you have any questions about what should be included.
Approximately 15 Days After Your Case is Filed
The court will mail the Notice of Commencement of Case to you generally within 15 days. They will also mail this to the creditors listed in your petition. This Notice will contain the date set by the court for the meeting of your creditors, as well as the deadlines for your creditors to object to te case and file their claims against you.
Approximately 30 Days After Your Chapter 13 Repayment Plan is Filed
Your first payment as outlined in your repayment plan must be made within 30 days after the date your plan was filed. If you fail to do so, your case will be dismissed.
Approximately 6 Weeks (45 days) After Your Case is Filed
- About six weeks after your case is filed, the court will hold the Meeting of Your Creditors. You are required to provide a copy of your most recent tax return to the trustee or to any creditor who requests it at least seven days before this meeting.
- You are required to attend the meeting, and must testify under oath as to the accuracy of the statements made in your petition. This meeting will be presided over by your court-appointed bankruptcy trustee. This is a very informal meeting; there will not be a judge present, and most of your creditors will not be in attendance. In most cases, the meeting lasts no more than ten minutes. However, if you do not attend the meeting, your case will be dismissed.
30 Days After the Meeting of Your Creditors
If your creditors or trustee want to file objections to your exemption claims, they must do so within 30 days after the meeting of your creditors.
45 Days After the Meeting of Your Creditors
There will be a confirmation hearing in the bankruptcy court; this is when your trustee will recommend to the judege whether or not your repayment plan should be approved by the court. While your creditors have the right to object to the confirmation of your case, your bankruptcy lawyer will most likely have already resolved these objections prior to this date.
90 Days After the Meeting of Your Creditors
With the exception of government entities, all of your creditors must file their proofs of claim to the court regarding the specific amounts you owe within 90 days after the first date set for your Meeting for Your Creditors, if they wish to share in the payments from your case pending there are any assests that can be liquidated.
180 Days After Your Case is Filed
Government entities that have claims against you (such as the IRS) have 180 days after the filing of your case to submit their proofs of claim.
3 Years From the Date of Your First Repayment
180 days after the filing of your case, Government entities that have claims against you (such as the IRS) must submit their proofs of claim.
3-5 Years From the Date of Your First Repayment
You will receive your discharge notice from the court upon your final payment under your Chapter 13 repayment plan. You will not receieve your discharge until you have completed a financial management course from a court approved agency.
Get Started Today!
Don't live another day in fear of your creditors. Let us help you decide if bankruptcy is the right option for you. At ABC Bankruptcy, our attorneys specialize in nothing but Chapter 7 and 13 bankruptcy. They have helped millions of people who are just like you. They have the experience and desire to help you - both during the process, and in life after bankruptcy.
Do you want the harassing phone calls and collection letters to stop? Contact us today. You can use our secure and confidential online case evaluation form and we will set up a free, no obligation consultation with one of our attorneys, who will then contact you at your convenience to discuss your bankruptcy options. We can begin your case for a small down payment, and set up a low fee payment payment plan, to help you afford your bankruptcy. It is our goal to make this process as easy and stress-free as possible for you.
If you are still not sure if bankruptcy is right for you, or you still have questions you want answered before taking action, you can review our education resources found throughout our website. You can find out whether bankruptcy is right for you and what you can expect in your life after bankruptcy, and you can learn more about Chapter 7 or Chapter 13. Whatever you choose to do, don't delay; the only thing you have to lose is your debts!