how long does it take for attorney to file bankruptcy after everything turned in

This would depend on the particular circumstances of your case. If you provided all of the documents needed and you are looking at a Chapter 7, usually within a couple of days the papers could be prepared. Almost all bankruptcy attorneys use computer software which helps speed up the process.

Full Answer

How long does it take to get a bankruptcy attorney?

May 11, 2021 · 20 to 45 days after your meeting of creditors, the confirmation hearing for your case will be held. Your appearance at that hearing is not necessary, your attorney will appear for you. A bankruptcy judge will go over any problems brought up by creditors or your trustee.

How long does it take to resolve a bankruptcy case?

Feb 09, 2017 · Posted on Feb 9, 2017. This would depend on the particular circumstances of your case. If you provided all of the documents needed and you are looking at a Chapter 7, usually within a couple of days the papers could be prepared. Almost all bankruptcy attorneys use computer software which helps speed up the process.

What happens after you file a bankruptcy?

Within 15 days. In addition to all steps in our Chapter 7 bankruptcy timeline, your attorney must file a debt repayment schedule. Within 30 days. Start making payments to your Chapter 13 trustee according to the plan you filed with the court.

How long does it take to file Chapter 7 bankruptcy?

Mar 01, 2022 · From filing bankruptcy to discharge In a Chapter 7, filing to discharge is about four months; in Chapter 13 it’s three to five years. But, too often, the real gating issue is getting ready to file. How long will it take you to get your attorney all the needed information. And that’s a timeline that you, the client, control. The source of delay

William Joseph Kopp Jr

Timing is very important in BK. Once there is nothing holding up your case, he/she should file right away. However, if he/she waiting on certain things to fall off your timeline, go with that advice. More

Carl H Starrett II

You need to insist on a better answer from your attorney. Some of my clients take weeks or even months to get me the documents needed to file their case. Others get me what I need within hours or days. We can't tell if the delay is on your for not getting the documents to your attorney or if the attorney is really busy...

Dorothy Ann Bartholomew

You are entitled to a better answer than "not to worry." Ask your attorney what specifically is holding up your filing. More

David Earl Phillips

This would depend on the particular circumstances of your case. If you provided all of the documents needed and you are looking at a Chapter 7, usually within a couple of days the papers could be prepared. Almost all bankruptcy attorneys use computer software which helps speed up the process.

How long does it take for a bankruptcy to end?

Your bankruptcy timeline ends once the court discharges your unsecured debts (about 4-6 months from your filing date).

How long does it take to file for bankruptcy after filing Chapter 7?

If you fail to do this, a bankruptcy judge will automatically dismiss your case. You must then wait another 180 days after your dismissal to file another Chapter 7 bankruptcy petition. Within 10-12 weeks. Your Chapter 13 trustee meets with the court to approve or disapprove your submitted payment plan.

How long does it take to file a 341?

Give your Chapter 7 trustee copies of your most recent tax returns at least seven days before your 341 Meeting. Within 20-30 days. You must file your Statement of Intention with the court within 30 days after your filing date or before your scheduled 341 Meeting (whichever comes first). Within 40-60 days.

How to file for bankruptcy?

Federal law requires you to complete a credit counseling course during the six-month period before filing bankruptcy. However, you have other prep work to do before your bankruptcy timeline officially starts, such as: 1 Find the right bankruptcy attorney to help you. When you’re serious about discharging unsecured debt, get professional legal assistance. In addition, a lawyer can provide a realistic bankruptcy timeline for your unique situation. This also includes finding an approved agency where you can complete both required training courses. If you choose to file on your own, however, download the forms from uscourts.gov. 2 Gather all necessary financial paperwork and review everything to make sure it’s accurate as well as complete. This includes things such as tax returns, pay stubs, banking, mortgage and 401k/IRA records, deeds, etc. An attorney can provide a checklist of documents that show all your income, assets, debts and expenses. You must certify these records are accurate and complete when you file, so review everything first! If you leave things out, lie on purpose or find mistakes later, it may be a felony offense. 3 Save up to pay the $335 flat filing fee in addition to your lawyer’s legal fees (if applicable). If you can’t cover the whole amount, most courts provide an application to pay filing fees in installments. But if you cannot afford your filing fee, many courts provide a fee waiver application to fill out. Since a judge must approve your waiver request, don’t assume you can avoid paying to file.

How long before filing bankruptcy can you avoid paying?

Since a judge must approve your waiver request, don’t assume you can avoid paying to file. Important: You must complete all above tasks in the 180 days before your filing date. This is true regardless of whether you file Chapter 7 or Chapter 13 bankruptcy.

What to do before filing for bankruptcy?

However, you have other prep work to do before your bankruptcy timeline officially starts, such as: Find the right bankruptcy attorney to help you. When you’re serious about discharging unsecured debt, get professional legal assistance. In addition, a lawyer can provide a realistic bankruptcy timeline for your unique situation.

How long does it take to file Chapter 7?

Chapter 7 Bankruptcy Timeline: About 100 Days-6 Months Total. Of course, your own Chapter 7 bankruptcy timeline may vary. However, in most cases, it takes just over three months to complete. Some complicating factors that could affect how long it takes to resolve your case may include: The state where you live as well as how long you’ve lived there.

What are the obligations of a debtor after filing bankruptcy?

The debtor’s obligations after filing are few: show up at the 341 meeting, and complete the post bankruptcy education class.

How long does it take to get discharged from Chapter 7?

In a Chapter 7, filing to discharge is about four months ; in Chapter 13 it’s three to five years. But, too often, the real gating issue is getting ready to file. How long will it take you to get your attorney all the needed information. And that’s a timeline that you, the client, control.

What are the actions of a Chapter 13 debtor?

But in most districts, Chapter 13 debtors have few action items: make the payments to the trustee, provide requested updated information, and take the debtor education class.

Does it depend on how committed the debtor is to get out of under the financial problem?

It seems to depend on how committed the debtor is to get out from under the financial problem.

3 attorney answers

THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney. I recommend that you have a Durable Power of Attorney prepared by an attorney for your husband to sign.

Joseph Linn Colburn Jr

If a bankruptcy is filed jointly by a husband and wife, then the case can be finished should one of them die prior to the receipt of a discharge.

How long does it take to get a bankruptcy discharge?

Assuming that everything goes according to schedule, you can expect to receive your bankruptcy discharge (the court order that wipes out your debts) about 60 days after your 341 meeting of creditors hearing, plus a few days for mailing.

How long does it take for a Chapter 7 bankruptcy to close?

Most Chapter 7 cases are problem-free and close in approximately four months. The how long it will take your Chapter 7 case to progress through bankruptcy will vary depending on your local court. Here's what you can expect. Filing your paperwork. Your Chapter 7 bankruptcy case begins when you file the bankruptcy paperwork with the court.

How long do you have to attend a 341 meeting of creditors?

The court will set a date for the one court appearance you'll be required to attend, called the 341 meeting of creditors hearing, between 20 and 40 days after you file, as well. At the hearing, the bankruptcy trustee will place you under oath and ask you a series of routine questions. Your creditors will have the right ask questions too; however, this rarely happens. Your time with the trustee will likely take less than ten minutes.

How long does a trustee have to give creditors to object to a discharge?

The trustee will conclude the hearing after receiving all necessary information. Your creditors will have 30 days after the hearing concludes to object to either the discharge of a particular debt or your entire case.

What does Chapter 7 bankruptcy do?

A Chapter 7 bankruptcy lets you wipe out qualifying debt without paying into a repayment plan. You'll learn whether you qualify by passing the means test. You'll also get to keep the property you'll need to maintain your home and job. Things that you can't protect under your state's exemption statutes get sold.

How long does it take to get discharged from 341?

You must complete it within 60 days of the first date set for the 341 meeting of creditors. Receiving your discharge.

What happens if you delay debt education?

Before the court orders your discharge, you must take a personal financial management course and file the certificate of completion with the court. If you delay completing this class, your discharge will be postponed.

What happens if you file a civil case against someone and they file bankruptcy?

If you bring a civil case against someone and they file bankruptcy, your lawsuit is stopped by the automatic stay. Since the bankruptcy judge can sanction you for violating the automatic stay, it’s important that you stop your collection actions against that person.

What is Upsolve for bankruptcy?

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What happens if you file a lawsuit against someone else?

If you have a lawsuit pending against someone else, the lawsuit is considered an asset of your bankruptcy estate. The most common situation where this happens is for personal injury cases. The bankruptcy trustee handling your Chapter 7 bankruptcy will step in your shoes and take over the personal injury suit.

What happens if you are sued for a credit card?

If you’re sued for an unpaid debt, whether that’s a credit card or a car loan, fighting the lawsuit typically just delays the inevitable. If you borrow $2,000 and then don’t pay it back, you don’t have much in the way of defenses. If you don’t think the debt collector is owed the money, definitely make them show their proof.

Can bankruptcy stop foreclosure?

Both foreclosures and evictions typically involve a lawsuit in the state court. Filing bankruptcy will temporarily stop a foreclosure or eviction, but it’s not a permanent solution.

Can a lawsuit be discharged in bankruptcy?

If the lawsuit was based on a claim of fraud or other bad acts, the lawsuit debt may not be dischargeable in bankruptcy. If you’re subject to a fraud complaint, your best bet is to get a knowledgeable bankruptcy lawyer to advise you on your best course of action.

Can you file for bankruptcy if you have a judgment?

Absolutely. Whether you’ve just been served with a lawsuit or already had a judgment entered against you, filing for bankruptcy protection can bring relief.

What happens if you file bankruptcy?

Once you do file, they must leave you alone or they will have to answer to the bankruptcy court itself. This is part of what is known as the automatic stay, which prevents creditors from taking any action against you once the bankruptcy case is filed. If you give them a case number, they will know you have actually filed ...

What is trustee in bankruptcy?

The trustee is a lawyer appointed by the bankruptcy court to administer your case. In addition to assigning a trustee, the court will also set a date for your court appearance about 4 to 5 weeks after the filing. This is called a creditors meeting. Your creditors receive notice of your filing and can come on this court date and ask you questions.

How long does it take to get a second counseling session?

This second counseling session must be completed within 45 days of your first court date, but can be done any time after the petition is first filed.

How long does it take to get a discharge?

Unless there is some type of objection to your case, an extremely rare occurrence, you will be entitled to a discharge in 60 days. When the 60 days are up, the court will issue a discharge, which will be mailed to you and all of your creditors.

Do you have to go back to court if a case is adjourned?

When cases are adjourned, you usually do not have to go back, but you should make sure your second appearance is not required. In most cases, the meeting is closed and there are no assets for the trustee to administer, and the trustee will file a no-asset report with the court.

How long does it take for a bankruptcy to be discharged?

In Chapter 7 bankruptcy, you normally receive a discharge a few months after filing your case.

When is bankruptcy over?

Your bankruptcy case is not over when you get a discharge, but when the court closes it with a final decree or order.

What happens if you don't disclose all your property in bankruptcy?

If the trustee or your creditors discover that you provided false information on your bankruptcy papers or didn't disclose all of your property, they can ask the court to reopen your case in order to administer those assets or even revoke your discharge. In some cases, you may also want to reopen your bankruptcy.

What do you have to do if a court closes your case?

Until the court closes your case, you have a duty to cooperate with the trustee. This means that you may still be required to: turn over nonexempt assets to the trustee. provide additional information or documentation. testify in a pending lawsuit, or. appear at a deposition or 2004 examination.

What happens if you file no asset bankruptcy?

If you have a simple no-asset Chapter 7 bankruptcy, the trustee will file a report of no distribution (also called a no-asset report) with the court. In that case, the court will typically close your case shortly after you receive your discharge.

Can a bankruptcy trustee close a case?

But as we discussed, if you have nonexempt assets the trustee needs to administer or ongoing lawsuits in your bankruptcy, the court will not close your case until all issues are resolved and all property is administered.

Can you reopen a bankruptcy case?

In some cases, you may also want to reopen your bankruptcy. For example, if you accidentally forgot to list a debt or if a creditor is violating your discharge, you might ask the court to reopen your case to address these issues.

What happens when bankruptcy stays?

When the bankruptcy stays the pending lawsuit, either party to the suit can file a motion asking the bankruptcy court to lift the stay so that the lawsuit can resume. For instance, if the lawsuit alleges that you defrauded a creditor to qualify for a bank loan, a finding that you lied on your loan application would be relevant to whether ...

What is automatic stay in bankruptcy?

A lawsuit you filed against someone else. The automatic stay is intended to stop collection activity against a debtor in bankruptcy. Technically, it does not apply when you, as the debtor, file a lawsuit against someone else.

Why does bankruptcy have to be suspended?

When the case gets dismissed rather than discharged, the lawsuit that was pending can resume because the automatic stay no longer applies. For this reason, many courts will suspend the case rather than end it on the chance that the bankruptcy is dismissed and the parties choose to continue with the suit.

What happens if a court hasn't issued a writ of possession?

If the court hasn't issued a writ of possession, the automatic stay will stop the eviction unless the landlord certifies that illegal drug use is involved or the property is endangered. Divorce, child custody, and child support. A divorce involves the termination of the marriage and often a division of property.

What is divorce in court?

A divorce involves the termination of the marriage and often a division of property. Bankruptcy courts will not hear domestic matters, but they will often retain jurisdiction to approve a property settlement. Criminal cases. Bringing a criminal matter is part of the government's police powers.

Can a lawsuit be suspended?

In general, if the purpose of the lawsuit is to reimburse the government for a monetary loss, like your failure to pay highway tolls, the case is subject to the automatic stay and must be suspended.

Can you get evicted if you file bankruptcy?

If you're being evicted when you file your bankruptcy case, special rules apply. If the court handling the eviction has granted the landlord a writ of possession (a type of eviction order), the bankruptcy won't protect you unless your state has laws that allow you to catch up your payments.