Typical Bankruptcy Case Progression

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Typical progression of a chapter 7 bankruptcy case:**

  • Determine chapter 7 eligibility / Means Testing
  • Complete online pre-petition credit counseling course
  • File petition
  • Creation of Bankruptcy Estate
  • Ch. 7 Trustee appointed
  • Assignment of date for §341 Meeting of Creditors and Notice sent to Debtor and Creditors
  • Meeting of Creditors (usually within 30-40 days of filing)
  • Debtor retains exempt property; Trustee may abandon property of no value or very limited value
  • Various proceedings possible with regard to property possessed of value or equity
  • Liquidation of any non-exempt assets
  • Complete online post-petition financial management counseling
  • Notice of Discharge sent to debtor and creditors (approximately 75-85 days after the  §341 Meeting of Creditors)
  • Case closed upon the sale of non-exempt assets and the distribution of proceeds to creditors

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Typical progression of a chapter 13 bankruptcy case:**

  • Determination of assets and regular income; Means Testing (presumption of abuse arises for ch. 7 petition)
  • Complete online pre-petition credit counseling course
  • File petition
  • Creation of Bankruptcy Estate
  • Debtor maintains all property (whether exempt or not)
  • Ch. 13 Trustee appointed
  • Ch. 13 Debt Repayment Plan filed
  • Assignment of date for §341 Meeting of Creditors and Notice sent to Debtor and Creditors
  • Meeting of Creditors (usually within 30-40 days of filing)
  • Debtor begins remitting Ch. 13 Plan monthly payments to Trustee (within 30 days of the filing of the Petition)
  • Ch. 13 Plan Confirmation Hearing (usually 20-45 days after §341 Meeting of Creditors)
  • Proofs of Claim filed by creditors (within 90 days after the date of the §341 Meeting of Creditors)
  • Bankruptcy Estate and case remain open throughout the duration of the Ch. 13 Plan
  • Complete online post-petition financial management counseling
  • Request Discharge upon completion of Ch. 13 Plan payments
  • Notice of Discharge sent to debtor and creditors
  • Case Closed

**Disclaimer – every case is different and this “typical progression” is provided for general information and not meant as a guarantee regarding the progression or results in any specific case.

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