How long does a typical chapter 7 case last?

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Question:

How long does a typical chapter 7 case last?

Answer:

Chapter 7 bankruptcy is one type of bankruptcy filing in which a petitioner requests the court to forgive, or discharge, all of his or her debt. This type of bankruptcy requires several steps to occur and often ends with the debts being discharged and the petitioner receiving a fresh start. In every situation, the specific case proceedings will differ. In most cases, you could be free from your debt burden within four to six months.

How Chapter 7 Works

Those who are filing a typical, no asset Chapter 7 bankruptcy case will likely experience the fastest processing of its case. This implies that you do not have any specific limitations on the case, such as any assets that are forced to sale. If you do, the process can take longer. If assets are involved, the case is drawn out since the bankruptcy trustee must take possession of those assets and sell them.

In most cases of Chapter 7 bankruptcy, this does not happen. The following does occur.

  • The automatic stay goes into effect immediately upon filing the bankruptcy documents.
  • Within a few weeks, you will receive a confirmation of the receipt of those documents and a date for your meeting with creditors.
  • Usually within 30 days, the meeting of creditors occurs, in which creditors are given the opportunity to voice objections to the filing.
  • Without objections, the case moves forward and within two to three months the discharge occurs.

Each situation is different in that creditors can draw out the process. To learn specifics about your case, contact an attorney.

References:

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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