Chicago Bankruptcy Timeline
How Long Will My Bankruptcy Take?
There are different timelines for how long you 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 Chicago Bankruptcy attorney, 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 training from a certified credit counseling agency 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:
- 15 days after filing for bankruptcy you are required to provide the court with specific information about assets, liabilities, income, expenses and other related financial information. If filing for Chapter 13, you must also file your proposed repayment plan within this time period.
- 30 days after filing for a Chapter 7 you must file a Statement of Intention, which states which, if any, debts you wish to reaffirm. (Basically, which debts you will keep in order to keep property, such as a car that has a loan still owing on it)
- 30 days after filing for your Chapter 13 repayment plan with the court, you must make your first scheduled payments on your debts to your Chapter 13 Trustee.
- Approximately 45 days after filing the court will hold a Meeting of Creditors and assign a Trustee to oversee 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 3 to 4 months 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.
DON'T WORRY! WE WILL FILE ALL OF THE REQUIRED DOCUMENTS ON YOUR BEHALF!
As you can see, there is a lot involved in filing for bankruptcy. Therefore, we encourage you to contact our experienced bankruptcy attorneys from Law Offices of David Freydin in order to ensure you obtain the best result in resolving your debt problems.
For a professional and experienced Chicago bankruptcy attorney, contact Law Offices of David Freydin