Bankruptcy Timeline

Eight Years Before Filing:

If you have already discharged debt under Chapter 7, you must wait eight years before filing again. If you filed a Chapter 12 or 13, you may be able to file for Chapter 7 six years after filing.

Four Years:

4 Years Before Filing: - You must wait at least 4 years to file for a Chapter 13 bankruptcy if you have already filed for Chapter 7, 11 or 12 previously. For a prior Chapter 13 case, you need only wait 2 years after the bankruptcy discharge.

180 Days:

You must receive counseling from a certified credit counseling agency in order to be eligible to file for bankruptcy. This can be done on the phone, online, or in person.

90 Days:

• You must be a resident in the state in which you are filing for a minimum of 90 days.
• If you pay back any of your creditors at any time within the 90-day period prior to the filing of your bankruptcy case, the payment is an unlawful preference and the court may recover all such payments and distribute them to your other creditors.
• "New" debt is presumed to be non-dischargeable if you obtained new credit of $500 or more for "luxury goods or services" within 90 days of filing or if you obtain a cash advance of $750 within 70 days of filing.

The day you file

• Your case begins once you file your case with the bankruptcy court.
• An Automatic Stay will be issued, which informs your creditors that they cannot proceed with collection activities against you while the Stay is in effect.
• A bankruptcy trustee will be assigned to your case. This person is a government employee and is tasked with monitoring the case and determining whether you are eligible for bankruptcy.

15 days after filing

If you filed a "skeletal" petition, you have 15 days after filing to finalize your petition. You must provide the court with detailed information regarding your assets, liabilities, income, etc.

30 days after filing

You must file a statement of intention, which indicates which debts you wish to reaffirm. In some cases, it may not be possible or advisable to reaffirm a debt.

45 days after filing

• Your 341 meeting, also known as a creditor's meeting, is usually held six weeks after filing your petition. This meeting allows creditors their first opportunity to object to the discharge of their specific debts or your exemptions, and is likely the first time a consumer meets with the Bankruptcy Trustee.
• You are required to attend the meeting. If you do not attend, your case will be dismissed. You will be asked to testify under oath as to the accuracy of the statements in your petition. The meeting is very informal, and in most cases will last no more than 10 minutes.
• Within 30 days of this meeting, your trustee and creditors must object to your exemptions.
• Within 60 days of this meeting, your trustee and creditors must file their objections to specific debts being discharged.
• You must attend another credit counseling class after your case is discharged.
• If there are no objections, the trustee will issue your discharge 60 days after the meeting.

180 days after filing

Government agencies like the IRS have 180 days after your petition is filed to submit a proof of claim to the court.

4 years before filing:

If you received a previous discharge under Chapter 7, 11 or 12 within the prior four-year period, you are not eligible to file a Chapter 13 bankruptcy. You must wait two years before you are eligible for another Chapter 13 discharge if your prior bankruptcy was a Chapter 13.

180 days before filing:

You must receive counseling from a certified credit counseling agency in order to be eligible to file for bankruptcy. This can be done on the phone, online, or in person.

90 days before filing:

You must be a resident of the state in which you intend to file your bankruptcy case for at least 90 days before the filing.

The day you file

Your case is commenced when you file your petition.

An Automatic Stay will be issued, which informs your creditors that they cannot proceed with collection activities against you while the Stay is in effect.

A bankruptcy trustee will be assigned to your case. This person is a government employee and is tasked with monitoring the case and determining whether you are eligible for bankruptcy.

15 days after filing

If you filed a "skeletal" petition, you have 15 days after filing to finalize your petition. You must provide the court with detailed information regarding your assets, liabilities, income, etc.

You must also file your repayment plan within 15 days of filing.

The court will mail the Notice of Commencement of Case to you and to all of the creditors listed in your petition. This notice will tell you the date of your meeting of the creditors and inform your creditors of their deadlines for filing objections.

30 days after filing

You must make your first payment under your repayment plan, or your case can be dismissed.

6 weeks after filing

You are required to attend the meeting. If you do not attend, your case will be dismissed. You will be asked to testify under oath as to the accuracy of the statements in your petition. The meeting is very informal, and in most cases will last no more than 10 minutes.

30 days after the creditor meeting, the trustee and creditors must file any objections to your exemptions.

45 days after the creditor meeting, the bankruptcy court will hold a confirmation hearing where the trustee gives his or her opinion as to whether the repayment plan should be confirmed.

90 days after the creditor meeting, your creditors must file a proof of claim if they wish to receive payments from the repayment plan. Government agencies like the IRS have 180 days to file their proofs of claim.

3-5 years after filing

Once your final payment is made, you will receive a discharge.

You must also complete additional financial counseling before the discharge will be issued.