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.
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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