How fast is a Chapter 7 bankruptcy in California?

One advantage of a Chapter 7 bankruptcy in California is the short amount of time a debtor can obtain debt relief through a bankruptcy discharge. How fast is a Chapter 7 bankruptcy in California you may ask? While the amount of time a Chapter 7 bankruptcy can be different for everyone depending on their circumstances, here's a general time table that one can expect.

Initial Steps

Before you can file for Chapter 7 bankruptcy in California, you must complete a mandatory credit-counseling course. This course can be completed online and generally takes a few hours. Once completed, debtors can immediately file their bankruptcy petition with the California Bankruptcy Court and can expect a reply from the bankruptcy trustee with the time and date of your 341 Meeting of Creditors within 30 days. A large number of bankruptcy cases, holidays, and even a government shutdown can impact this time somewhat.

341 Meeting and Creditor Notification

The meeting of creditors or 341 meeting, is usually the only court appearance that individuals filing for bankruptcy in California must attend. While creditors seldom attend meetings, they will be notified of the meeting and afterward will have 60 days to file an objection to bankruptcy discharge. If a creditor or the bankruptcy trustee filed an objection to discharge, the court must go through the discovery process and set a trial date to decide the matter. An objection to discharge will obviously delay your Chapter 7 bankruptcy case.

Receiving Your Bankruptcy Discharge

Assuming that none of your creditors object to any of the debts you aim to discharge, then the court will create and mail you a written debt discharge within 2-3 months of your creditors' meeting. Therefore, assuming you provide the bankruptcy trustee with all requested information promptly and no additional motions arise during your bankruptcy case, you can expect a discharge of your eligible debt as soon as 90 days after you file. By obtaining the assistance of an Elk Grove bankruptcy attorney, debtors can also ensure that they will be able to foresee any issues that might arise during the course of the bankruptcy case which might slow down or dismiss a bankruptcy proceeding.

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