How Long Do I Have To Wait For My Chapter 7 Discharge?
For most people, a typical Chapter 7 bankruptcy will be open for about 120 days after filing the case. What happens between the case filing and case closing depends on the facts of a specific case, but the Bankruptcy Code sets out a timeline that gives us a roadmap to follow.
The clock starts ticking once at the case filing. As soon as we file your case, the automatic stay protects you from collection activity by your creditors. They’re not supposed to call, text, or email you. If they’re garnishing, they have to stop immediately. If they filed a lawsuit, the lawsuit has to stop.
The next milestone in a Chapter 7 bankruptcy is the Section 341 Meeting of Creditors. Bankruptcy Rule 2003 requires this meeting to happen between 21 and 40 days after your case is filed. In Colorado, the average time is 30 days.
After the meeting of creditors, the Bankruptcy Code gives creditors 60 days to ask the court to deny you a discharge (the elimination of your debts). We can’t change that.
Finally, you’ll get your discharge.
When Is Chapter 7 Bankruptcy Discharged? It Depends.
So, the soonest you can get your discharge is 82 days after filing your case and the latest should be about 101 days. I usually tell people to expect their discharge order about 75 days after the meeting of creditors. The court isn’t perfect. Sometimes there’s a snag and the discharge doesn’t enter exactly 61 days after the meeting of creditors.
Most cases will close about 30 days after discharge. However, if you have to turnover any assets, your case will stay open until the trustee liquidate those assets and distributes the money to your creditors.
Talk To An Experienced Denver, Colorado Chapter 7 Bankruptcy Attorney
We offer free consultations to people who are considering Chapter 7 bankruptcy. During your consultation, we’ll go over the timeline we expect for your case and when your bankruptcy will discharge.
The easiest way to schedule an appointment with an experienced Denver, Colorado Chapter 7 bankruptcy attorney at a time that is convenient for you is by going to our scheduling page.