Understanding the Chapter 13 Bankruptcy Timeline: Key Steps and Considerations

Prior to Filing

In the last 4 years, did you:

• Receive a bankruptcy discharge under Chapter 7, 11, or 12?
  If less than 4 years ago, you are ineligible for a discharge in Chapter 13. (§1328)

In the last 2 years, did you:

• Receive a Chapter 13 discharge?
  A discharge is not possible if received in a Chapter 13 case filed within the last 2 years. (§1328)
• Transfer any property or interest in property?
  The Trustee may recover property transferred within 2 years to hinder or defraud any entity. (§548)

In the last year, did you:

• Pay back a creditor considered an insider?
  Such payments are unlawful, and the Trustee may recover these funds. (§547)
• Have a prior bankruptcy case dismissed?
  The Automatic Stay ends within 30 days unless the Chapter 7 case was filed in good faith. (§362)

In the last 180 days, did you:

• Have your bankruptcy case dismissed at your request or due to failure to obey court orders?
  You must wait 180 days before filing again. (§109)
• Attend a Credit Counseling course?
  A Credit Counseling Briefing is mandatory before filing. (§521)

In the last 90 days, did you:

• Pay over $600 to any creditor?
  These payments are unlawful, and the Trustee may recover them. (§547)
• Incur new credit of $750 or more for luxury goods or services?
  This debt is non-dischargeable. (§523)
• Live in the state where you intend to file?
  You must have resided in the state for the majority of the past 180 days. (28 USC §1408)

In the last 70 days, did you:

• Obtain a cash advance of $1050 or more?
  This debt is non-dischargeable. (§523)

The Bankruptcy Attorneys at Walden Legal Solutions, LLC can guide you through these considerations and help you determine the best course of action.

Contact us today for a free bankruptcy consultation to explore your options.

Bankruptcy Case Filed:

Your Chapter 13 bankruptcy case begins once a Petition is filed. A joint Petition can be filed by spouses. (§301; §302) The filing fee is paid at the time of filing (always MO, KS may allow an Application to Pay in Installments), along with necessary documents like the Chapter 13 Plan.

After Filing:

• Immediately:
  Automatic Stay Order stops creditors from contacting you. A Bankruptcy Trustee is assigned to your case. Schedule your Debtor Education Course. (§362)

• Approximately 15 Days After Filing:
  The Bankruptcy Clerk mails the Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines.

• Within 30 Days After Filing:
  Plan payments must start within 30 days.

• 14 Days Before 341 Meeting:
  Submit your last two years of tax returns to the Trustee. (§521)

• Approximately 6 Weeks After Filing:
  Attend your 341 Meeting of Creditors. (§341)

• 30 Days After 341 Meeting:
  Deadline for objections to your exemption claims.

• 20-45 Days After 341 Meeting:
  Plan Confirmation hearing is scheduled.

• 90 Days After 341 Meeting:
  Creditors must file proofs of claim.

• 180 Days After Filing:
  Government agencies must file a proof of claim. (§541)

• Before Last Plan Payment:
  Complete your debtor education course and file a certificate of completion.

• 3-5 Years After First Plan Payment:
  Plan lasts 3-5 years, requiring monthly payments to the Trustee. Upon completion, a discharge is entered, and the case is closed with a Final Decree.

This timeline covers key events and deadlines in a Chapter 13 bankruptcy case.

For personalized advice, connect with Walden Legal Solutions for a stress-free legal experience!