What happens after you file bankruptcy
Every date and deadline from filing day to discharge, for Chapter 7 and Chapter 13. Enter your filing date to see your own timeline and add it to your calendar.
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Chapter 7 timeline: about 4 months
Most Chapter 7 cases take 3 to 5 months from filing to discharge. The key dates count from the first date set for your meeting of creditors, which the court sends you in a Notice of Bankruptcy Case shortly after you file.
| When | What happens |
|---|---|
| Up to 180 days before filing | Take a credit counseling course from an approved agency. A course older than 180 days does not count. |
| Filing day | The automatic stay starts. Collection calls, lawsuits, wage garnishments, and most repossessions must stop. |
| 14 days after filing | Deadline for any schedules and statements you did not file with your petition. |
| 7 days before the 341 meeting | Send the trustee your most recent federal tax return (or an IRS transcript). |
| 21 to 40 days after filing | The 341 meeting of creditors. |
| 30 days after the 341 meeting | Act on your Statement of Intention for secured debts (reaffirm, redeem, or surrender), and the usual deadline for objections to your exemptions. |
| 60 days after the 341 meeting | Deadline to file your financial management course certificate, for creditors to object to your discharge, and to file reaffirmation agreements. |
| Soon after that | The court enters your discharge and mails you a copy. The case then closes. |
If the trustee finds property that is not protected by an exemption, the case stays open longer while the trustee sells it and pays creditors. You still usually get your discharge on the normal schedule.
Chapter 13 timeline: 3 to 5 years
Chapter 13 is a repayment plan. You make one monthly payment to a trustee, who pays your creditors. The plan lasts 3 years if your income is below your state's median and 5 years if it is above.
| When | What happens |
|---|---|
| Filing day | The automatic stay starts, including against foreclosure. |
| 14 days after filing | Your Chapter 13 plan is due (many districts require their own plan form). |
| 30 days after filing | Your first plan payment is due, even though the plan is not approved yet. |
| Before the 341 meeting | All tax returns for the last 4 years must be filed. |
| 21 to 50 days after filing | The 341 meeting of creditors. |
| 20 to 45 days after the 341 meeting | The confirmation hearing, where the judge decides whether to approve your plan. |
| 70 days after filing | Deadline for most creditors to file a proof of claim (180 days for government creditors such as the IRS). |
| Before your last payment | Take the financial management course and file the certificate. |
| After the last payment | The court enters your discharge. |
The 341 meeting of creditors
Despite the name, creditors rarely come. It is a short meeting with the trustee, not a judge, and it usually takes 10 minutes or less. Many trustees hold it by video; your notice says how to join.
- Bring: a government photo ID and proof of your Social Security number, such as your Social Security card, a W-2, or a pay stub showing the full number.
- Expect questions under oath: whether you read and signed your forms, whether everything is listed, whether you have transferred property or paid back family members, and whether you expect any money soon (like a tax refund or inheritance).
- If you cannot attend, contact the trustee before the meeting. If you miss it without asking to reschedule, your case can be dismissed.
What the trustee asks for
Trustees usually want documents before the meeting, often through an online portal. Expect to send:
- Your most recent federal tax return (required at least 7 days before the meeting).
- Pay stubs from the 60 days before you filed.
- Bank statements covering the date you filed.
- Statements for retirement accounts, the deed and mortgage statement for your home, and titles for vehicles.
If you miss a deadline
Missing a deadline can be serious. Missing the meeting of creditors, a plan payment, or a fee installment can get your case dismissed. Missing the course certificate deadline in Chapter 7 means the case can close without a discharge. You can often fix it by filing the missing document quickly or asking the court for more time with a motion, but it may cost a fee to reopen a closed case. Call the clerk's office or a bankruptcy lawyer as soon as you realize you missed something.
After your discharge
- Keep your discharge order permanently. You may need it to prove a debt was wiped out.
- Check your credit reports a couple of months later at AnnualCreditReport.com. Discharged debts should show a $0 balance and "discharged in bankruptcy."
- Rebuild your credit with a secured credit card or a small credit-builder loan, paid on time. Many people see their scores recover within 1 to 2 years.
- Waiting periods: you cannot get another Chapter 7 discharge for 8 years after filing this case.
Bankruptcy timeline questions
How long does Chapter 7 bankruptcy take?
Usually about 4 months from filing to discharge. The meeting of creditors is 21 to 40 days after filing, and the discharge normally comes soon after the deadline for objections, which is 60 days after the first date set for that meeting.
How soon after filing is the 341 meeting?
In Chapter 7 it is set 21 to 40 days after filing; in Chapter 13, 21 to 50 days. The court mails a notice with the date, time, and place (or video link).
When does the automatic stay start?
The moment your case is filed. Creditors who know about your case must stop collection right away, including lawsuits, garnishments, and most foreclosures and repossessions.
Do I need to take a course after filing?
Yes. Besides the credit counseling course before filing, you must take a financial management (debtor education) course after filing. In Chapter 7 the certificate is due 60 days after the first date set for the meeting of creditors; in Chapter 13, before your last plan payment.
Can I get my tax refund after filing bankruptcy?
Sometimes. A refund for the period before you filed is property of the bankruptcy estate. You keep it if an exemption protects it; otherwise the trustee may take it for creditors. In Chapter 13, your plan may require you to turn over refunds.
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