how long does it take for my attorney to file my chapter 13 bankruptcy

by Bartholome McKenzie DDS 7 min read

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.

Full Answer

How long does it take to file Chapter 13 bankruptcy?

Mar 11, 2019 · A Chapter 13 bankruptcy will generally last from three to five years from the confirmation date. A Chapter 13 bankruptcy case will typically take between three and five years to complete. What is a Chapter 13 bankruptcy? A Chapter 13 bankruptcy case is one of the main types of consumer bankruptcy relief for individual filers. There is also the option of a Chapter 7 …

How long does it take to get a bankruptcy attorney?

Speak to a Charlotte NC Bankruptcy Lawyer to Learn More. How long does it take to file Chapter 13 bankruptcy? It can be a time-consuming process. But an experienced Charlotte NC bankruptcy attorney can guide you through each step. Contact the Law Office of …

How long does it take to get out of a bankruptcy?

Do Not Sell My Personal Information. If you file for Chapter 13 bankruptcy, your case will most likely last between three and five years, depending on the length of your repayment plan. But there are some instances when your Chapter 13 case will fall …

How long does Chapter 13 stay on your credit report?

Oct 16, 2021 · 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

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How long is the process for Chapter 13?

The Chapter 13 process The Chapter 13 filing process generally takes 95 days from the filing of the petition to the approval of the repayment plan. But the bankruptcy won't actually be discharged until the three- to five-year plan is completed.Oct 24, 2021

How long does a Chapter 13 discharge take?

Discharge Time Frame Getting a discharge in a Chapter 13 case generally takes between six and eight weeks after making your plan's final payment. This time frame depends upon the court's caseload — the busier the court, the longer you may have to wait for your discharge letter.

What happens after Chapter 13 is filed?

Your bankruptcy payment will become due the month after your bankruptcy is filed. The payment becomes due the first of the month, but as long as it is received prior to the end of the month it will be 'on time'. If you fall behind by more than two months, your Trustee can and will file a Motion to Dismiss your case.

What happens if Chapter 13 plan is not confirmed?

In most cases, unless the trustee or one of your creditors objects to the confirmation of your plan, the court will approve it. But if you don't propose a feasible plan that complies with all bankruptcy laws, the trustee can object to its confirmation.

Does Chapter 13 trustee check your bank account?

Chapter 13 Bankruptcy The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal.

Does Chapter 13 wipe out all debt?

Chapter 13 bankruptcy allows you to catch up on missed mortgage or car loan payments and restructure your debts through a repayment plan. When you complete your plan, you will receive a Chapter 13 discharge that eliminates most of your remaining debts.

What percentage of debt do you pay back in Chapter 13?

If your request to pay off Chapter 13 early is approved by a court, you'll be required to pay 100 percent of the debt claims on your bankruptcy case. This includes unsecured debt, such as credit cards, which would've been discharged if you'd kept making Chapter 13 plan payments on the original schedule.Jul 13, 2021

What happens after my Chapter 13 is discharged?

A Chapter 13 Plan may modify an automobile lien and if the plan completes and you receive a discharge the debt will be gone and the car lienholder is obligated to release its lien upon discharge. In certain circumstances a Chapter 13 Plan and subsequent discharge may avoid a second or third mortgage lien.Dec 11, 2020

Can I keep my tax refund after filing Chapter 13?

Tax Refunds in Chapter 13 Bankruptcy You're required to contribute all disposable income to your Chapter 13 plan. If your plan pays less than 100% to creditors, the trustee can keep your tax refund. It won't reduce your plan payment, however.

Why do Chapter 13 bankruptcies fail?

Early on, Chapter 13 and Chapter 7 cases may be dismissed for similar reasons, almost all of them procedural: Failure to pay the court filing fee; improper preparation for, or failure to attend, the meeting of creditors; failure to attend the required financial management course; failure to file all required bankruptcy ...Oct 1, 2021

What is the discharge process for Chapter 13?

The Process of a Debt Discharge The Chapter 13 debt discharge is basically a process whereby the debtor submits a plan to repay debts in exchange for forgiveness of certain debts and legal safeguards against repossession or foreclosure of their property.Apr 7, 2021

How will Chapter 13 affect my taxes?

The Chapter 13 Trustee will not complete or file your tax returns for you. If your tax returns have not been filed or become delinquent during the course of your Chapter 13 plan, you may lose the protection of the Bankruptcy Court as your case may be dismissed.