The answer to how long does bankruptcy take really depends upon your individual circumstances and what chapter of the bankruptcy code will help you the most. If you are seeking debt relief with a bankruptcy attorney in San Jose, CA it is very important that once you pay the attorney fees in full that your case is filed in a timely manner. It generally takes us 7-10 days to draft and file your bankruptcy petition once our fees are paid in full and you have provided us all of the documents necessary to complete an accurate and truthful petition on your behalf. Please give us call toll free at 1-877-963-9543 to schedule a free consultation and find out if bankruptcy can help. All of our consultations are with attorneys only, not unlicensed paralegals or legal assistants.
Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
If Chapter 7 bankruptcy is the right chapter for you, then from the date the case is filed to the bankruptcy court signing the order or discharge and closing the case should take 3 – 4 months. Once the case is filed then the meeting of creditors is scheduled about 30 days from the date the case is filed. If there are no issues and the trustee files their notice of no distribution to creditors then the court cannot sign the order of discharge until 60 days from the date of the first schedule meeting of creditors. Again, this will be approximately 3- 4 months.
If Chapter 13 bankruptcy is the right chapter for you, then generally all Chapter 13 plans of reorganization last from 36 – 60 months. The maximum term of the plan is 60 months. The question is how long will it take to confirm/approve the plan of reorganization? There are many circumstances that can delay the confirmation/approval of a chapter 13 plan. The trustee can object to confirmation along with creditors such as mortgage holders or car loan companies. Even if the plan is not approved yet your first chapter 13 plan payment is due 30 days from the date the case was filed. A few common delays in a plan being confirmed is unfiled tax returns, fighting over how much a vehicle is worth, fighting over the amount of missed mortgage payments at the time the case was filed or what your obligation to unsecured creditors might be. Some chapter 13 cases can go unconfirmed for a year or more depending upon the circumstances. If you think debt relief is right for you please call us toll free at 1-877-963-9543 to schedule a free bankruptcy consultation.
