How Long Does Bankruptcy Take

You can expect the Chapter 13 bankruptcy process to last anywhere from 36 to 60 months. The process begins when you file a two-page petition starting Chapter 13 proceedings and pay a fee. You will be given a docket number, and all actions by creditors are stopped, except those that might be allowed by motion in the bankruptcy court.

Creditors Stop Demanding Money
This means creditors may no longer demand money from you, bring you to court to collect debt, or foreclose or repossess your property.

Within several days of filing your petition, you must submit a list of the names and addresses of all your creditors to the bankruptcy court. About a week after submitting the list, you are responsible for completing a lengthy document including many lists of your assets, liabilities, income, expenses, past financial history, a plan outlining exactly how you propose to reorganize under Chapter 13, and evidence that you are capable of completing the plan. You'll be able to file amendments, add creditors, change the status of a creditor, or change the schedules or plan if you need to.

Meeting With The Trustee
The next step is meeting with a Chapter 13 trustee to finish your reorganization plan. This meeting takes place one to three months after you have filed the bankruptcy petition. You will face your creditors and they will have a chance to ask questions and raise objections to your plan. Few creditors attend these meetings.

You then begin the repayment plan. How long you are in the plan depends on your income and the size of your debt. Bankruptcy law requires all plans to take between 36 and 60 months. Even if you turn out to have enough income to satisfy your debts in less than 36 months, the trustee will likely demand that the plan be 36 months and that a larger percentage of funds go to the unsecured creditors.

Chapter 7 Takes Less Time
Completing a Chapter 7 bankruptcy is faster than a Chapter 13 bankruptcy. The discharge of your debts normally happens four to six months after filing for a Chapter 7. You begin the process by filing a detailed petition listing all of your property, debts, and other financial information with the bankruptcy court. A short time later you go to a meeting with the bankruptcy trustee (usually the only appearance you must make). Unless there are problems or one of your creditors objects, the discharge will be granted a few months later.

Please call Lombera Law at 909-951-0181 in English or 909-915-0382 in Spanish or go to our contact page for more information on Bankruptcy or Immigration services.

Call The Law Office of Edgar Lombera- San Bernardino Bankruptcies at 909-915-0181 for immediate help! Cities Supported: San Bernardino, Redlands, Yucaipa, Colton, Muscoy, Fontana, Rialto, Banning, Big Bear, Crestline, High Desert, Hesperia, Adelanto, Victorville, Grand Terrace, Rancho Cucamonga, Los Angeles, Upland, Ontario, Pomona, Chino, Montclair, Riverside, Moreno Valley, Corona, Cathedral City, Palm Springs, Palm Desert, Indian Wells, Coachella Valley