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Home 9 Chapter 13 Bankruptcy 9 How Long Will My Bankruptcy Take?

How Long Will My Bankruptcy Take?

by | Mar 1, 2011 | Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

There are different timelines for how long your bankruptcy will take depending on what type of case you file, a Chapter 7 or Chapter 13 bankruptcy. When meeting with our efficient and dedicated Miller & Miller Bankruptcy attorneys, we can answer your specific questions. However, below is a summary of what to expect.

Bankruptcy Timeline

Your timeline will begin when you first file your petition with the Bankruptcy court. However, there are a few restrictions that may apply prior to filing that are important. These include:

  • You must be a resident in the state for at least 90 days prior to filing.
  • You must obtain certified credit counseling no earlier than 180 days prior to filing.
  • If you have ever filed a Chapter 7 before, you must wait 8 years from the date of your case was filed before you can file again.
  • If you have filed a Chapter 13 previously, you may be eligible to file 2 years after your first case was filed.
  • If you filed for a Chapter 7 previously but now need to do a Chapter 13, you must wait at least 4 years from the date of your Chapter 7 was filed.

After filing, there are certain other actions that must be complied with within set time frames. They are as follows:

  • Approximately 30 days after filing the court will hold a Meeting of Creditors with the Trustee who oversees your case.
  • Government agencies having claims against you, such as IRS taxes, have 180 days from the date of your filing to provide proof of their tax claim.
  • Approximately 90 days after filing for Chapter 7 your debts will be discharged and your bankruptcy will be finalized.
  • 3 to 5 years after filing a Chapter 13 bankruptcy and having made your payments pursuant to your repayment plan, you will receive a formal discharge from the court. All eligible debts will be discharged at that point.

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