How Long Is Chapter 7 Active?

By Anna Assad

A Chapter 7, or debt elimination, bankruptcy case is active until the court issues your final decree, the judgment that officially closes the case. The average Chapter 7 bankruptcy case remains active for around three to six months. The duration will depend on whether you had assets when you filed; a non-asset bankruptcy goes much faster. If you fail to follow court orders or fulfill debtor requirements, the court may dismiss your case before you obtain a discharge of your debts.

A Chapter 7, or debt elimination, bankruptcy case is active until the court issues your final decree, the judgment that officially closes the case. The average Chapter 7 bankruptcy case remains active for around three to six months. The duration will depend on whether you had assets when you filed; a non-asset bankruptcy goes much faster. If you fail to follow court orders or fulfill debtor requirements, the court may dismiss your case before you obtain a discharge of your debts.

Timeline

About 15 days after you file your Chapter 7 petition, you and your creditors will receive written notice of case deadlines and the date of your meeting with creditors. The meeting is usually held around six weeks after you file. Once 60 days has passed since the date of the creditor meeting, you'll receive a discharge as long as you have met all your debtor obligations. The court usually issues the final decree with your discharge if you had no assets in the bankruptcy. If you had assets, the court may issue the final decree in 180 days, or approximately six months after your filing date.

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Bankruptcy Filing Vs. Discharge Date

References

Related articles

Chapter 7 Bankruptcy Laws for Personal Debt

Chapter 7 bankruptcy is one of several types of bankruptcy available to debtors. Under a Chapter 7 bankruptcy, any nonexempt assets you own are sold and the money distributed among your creditors. The court will then discharge any debts you still owe to these creditors. You must petition a bankruptcy court and meet certain eligibility requirements before you can obtain a Chapter 7 debt discharge.

Can I Be Sued After Chapter 7?

If your debts have become unmanageable, you have the option to file for bankruptcy protection. Under Chapter 7 of the federal bankruptcy code, you must submit a petition in bankruptcy court. You must notify the court of creditors to whom you owe money, and list your assets on the petition. A trustee takes control of your assets, which can be liquidated (sold) to pay secured debts. During this process, you are temporarily protected from creditor lawsuits.

How Long to File Chapter 7 Bankruptcy If You Already Had One?

If you have previously filed for Chapter 7 bankruptcy, it is likely you will be entitled to file for a subsequent one. However, certain limitations affect who may refile and when. Typically, the waiting period is eight years between filings. If you previously filed but never received a discharge, the waiting period is typically much shorter.

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