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How Long Does a Chapter 7 Bankruptcy Take
Filing for Chapter 7 bankruptcy can provide a fresh financial start for individuals overwhelmed with debt. However, understanding the timeline of the process is crucial. This article will provide an overview of how long a Chapter 7 bankruptcy typically takes.
The process begins with credit counseling, which must be completed within six months before filing the bankruptcy petition. This may take a few hours to a few days, depending on the provider. Once credit counseling is complete, your attorney can help you file the bankruptcy petition. This step is instantaneous once the paperwork is submitted to the court.
Approximately 30 days after filing, a meeting of creditors, also known as the 341 meeting, takes place. During this meeting, the bankruptcy trustee and any interested creditors can question the debtor under oath about their financial situation. This meeting typically doesn’t last more than an hour, but it may take several weeks to prepare for it with your attorney’s help.
After the meeting, the bankruptcy trustee and creditors have 60 days to challenge the debtor’s right to discharge. If no challenges are made, the debtor receives a discharge of debt. This typically occurs about four months from the date the bankruptcy petition was filed.
So, from start to finish, a Chapter 7 bankruptcy process typically takes about four to six months. However, this can vary depending on the complexities of the case, the court’s schedule, and whether any issues or objections arise during the process.
It’s important to note that while the bankruptcy case is proceeding, an automatic stay is in effect. This means creditors are generally prohibited from continuing collection actions against the debtor, providing some immediate relief. However, a creditor can seek to persuade the court that the automatic stay should terminate more quickly.
Understanding the timeline of Chapter 7 bankruptcy can provide clarity and help set realistic expectations for those considering this path. The Liviakis Law Firm is equipped to guide you through this process with sensitivity and professionalism. Contact us at 916 459 2364 for a consultation today.