Chapter 13 Bankruptcy Timeline

April 5, 2013

A Chapter 13 is a repayment bankruptcy case that takes three to five years. To keep the case moving along, the federal law has imposed certain deadlines on a Chapter 13 case for the debtor, the trustee, and the bankruptcy court to follow:

Day of Filing – The bankruptcy court issues a case number. Use this case number when notifying creditors with pending legal or collection action of your bankruptcy filing. If you have not filed all of the required bankruptcy schedules, the court will issue a show cause order to dismiss your case. You are required to file the necessary schedules by the court’s deadline, usually 14 days from the date of filing. 11U.S.C. §521

30 Days After Case Filing – Commence plan payments to the Chapter 13 Trustee.

7 Days Prior to 341 Meeting – Tax returns for the most recent tax year must be sent to the bankruptcy trustee. These documents are usually sent to the trustee on the date that you file your case. 11U.S.C. §521(e)(2)(A)

1 Day Prior to 341 Meeting – Tax returns for the prior 4 tax years filed with the IRS and state must be sent to the bankruptcy trustee. These documents are usually sent to the trustee on the date that you file your case. 11 U.S.C. §1308

21 to 60 Days After Filing – Your 341 meeting of creditors will be held. You are required to attend this meeting and all of your creditors will receive notice of this meeting and may attend (although it is rare that any actually show up). 11U.S.C. §341, 11 U.S.C. §343, Fed. Rule 2003.

(Generally) 21 Days after the First Setting of the 341 Meeting – Creditor objections must be filed so the debtor’s plan can be confirmed without further notice or hearing absent timely objections. Determined by local rule.

90 Days after the First Setting of the 341 Meeting – Creditor’s bar date for proof of
claim filings. 11 U.S.C. §502, Fed. Rule 3002

180 Days after the First Setting of the 341 Meeting -Governmental bar date for proof of claim filings. Fed. Rule 3002

(Generally) 45 Days after the First Setting of the 341 Meeting – You must file your Financial Management Course certificate with the court. 11U.S.C. §1328; Determined by Local Rule.

Three to Five Years after Case Filing – Discharge Order entered by the court. 11U.S.C. §1328. Additional filing requirements may be imposed on the debtor or trustee by local rule, such as motions and notices.
 

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