How Long Does Bankruptcy Take?

How Much Time Will Bankruptcy Take You?

The length of time a bankruptcy case will take depends on which chapter is filed. As most people will be filing Chapter 7 or Chapter 13, this article covers only them.

How Long Does Chapter 7 Take?

Chapter 7 is a fairly fast process and usually takes about 4-5 months from the date the case is filed with the court until the court issues the final discharge paperwork. The time can increase in the event that the trustee finds undeclared assets or if creditors object to a discharge of an obligation. Some cases can take over a year if these types of problems show up. A debtor can minimize these risks by disclosing everything to the attorney so the attorney can take steps to address these risks. If you want to learn more about the Chapter 7 process, click here.

How Long Does Chapter 13 Take?

Chapter 13 is a much longer process than chapter 7. In Chapter 13, the debtor is given time to make up past-due payments in order to keep certain assets such as cars and homes. Other reasons that debtors are in Chapter 13 is because they don't qualify for Chapter 7 due to income issues. Chapter 13 can take approximately 3-5 years to complete. The debtor will be making payments to the trustee and certain creditors during this time according to a "Plan." Once all of the payments of the "Plan" have been made, the debtor is granted a discharge from the court. If you want to learn more about the Chapter 13 process, click here.

How Long Does It Take To File Bankruptcy?

Generally, it takes about 1 week from the time we receive all of the required information and documents.

Can You File Faster?

Yes, in most cases we can file the same day you hire us. It is called filing an "Emergency Petition." However, be aware that there are risks to doing an "Emergency Petition" and we will recommend this only in extreme situations such as an imminent foreclosure or repossession, or significant wage garnishment or bank levy. Whenever a debtor files an "Emergency Petition," only the minimum required documents are filed. There are still numerous documents that need to be filed to complete the bankruptcy case. When an Emergency Petition is filed, the debtor only has 14 days to file the remaining documents. Failure to file the remaining documents will result in the bankruptcy case being dismissed by the court and loss of the automatic stay. So, before considering doing an Emergency Petition, make sure that you can get your attorney all of the information and documents needed to complete the filing.

If You Have More Questions

Please contact us if you have more questions or are ready to move forward and start the process of becoming debt-free. Remember, we are here to help you resolve your debt problems, so call us now!

(949) 954-7568