In the typical Chapter 13 bankruptcy case, you will be required to establish and follow a debt repayment plan, which can last from 3-5 years. However, the actual court proceedings you’ll have to attend are relatively simple and straightforward. There are a number of dates that you should know about that may impact your right to file a case, or affect the relief available to you. We have put together the following timeline to illustrate the relevant dates in a typical Chapter 13 bankruptcy case
Four Years Before Your Chapter 13 Bankruptcy is filed.You are not eligible for a discharge under Chapter 13 if you received a previous discharge under Chapter 7, 11 or 12 within the prior four-year period. If the prior case was a Chapter 13, you must wait two years before you are eligible for another Chapter 13 discharge.
180 Days Before Your Chapter 13 Bankruptcy is filed. If within 180 days before your bankruptcy you had a prior bankruptcy case that was dismissed because you failed to obey court orders or you voluntarily requested a dismissal, then, in some circumstances, you may not file your bankruptcy case until this 180-day period expires.
Also, within the 180-day period before your bankruptcy, you must receive a briefing from a certified credit counseling agency to explain financial management to you, alternatives to bankruptcy, and how to do a budget analysis. We will assist you in this process.
90 Days Before Your Chapter 13 Bankruptcy is filed.You must be a resident of Arizona for at least 90 days before the filing of your bankruptcy. If you have not lived in Arizona for at least 90 days, you may only file your case in the state where you have resided, or which has been the location of your principal assets, for a majority of the prior 180 days before filing a Chapter 13 Bankruptcy.
We file your Chapter 13 Bankruptcy.
15 Days After Your Chapter 13 Bankruptcy Case is Filed
Approximately 15 Days After Your Chapter 13 Case is FiledWithin approximately 15 days after you file your Chapter 13 bankruptcy, the Arizona Bankruptcy Court will mail the Notice of Commencement of Case to you and to all of the creditors listed in your petition. This notice will inform you of the date set by the Arizona Bankruptcy Court for the meeting of your creditors, and the deadlines for your creditors to object to your case and file their claims against you.
Approximately 30 Days After Your Chapter 13 Bankruptcy Repayment Plan is FiledYou must make your first payment under your Chapter 13 bankruptcy repayment plan within 30 days after the date that your plan was filed, otherwise your case can be dismissed by the Arizona Bankruptcy Court.
Approximately 6 Weeks (45 days) After Your Chapter 13 Bankruptcy Case is Filed
180 Days After Your Chapter 13 Bankruptcy Case is FiledGovernment entities that have claims against you (such as the IRS) have 180 days after the filing of your case to submit their proofs of claim.
3 Years From the Date of Your First RepaymentGovernment entities that have claims against you (such as the IRS) have 180 days after the filing of your case to submit their proofs of claim.
3-5 Years From the Date of Your First RepaymentUpon your final payment under your Chapter 13 repayment plan, you will receive your formal discharge notice from the Arizona Bankruptcy Court.
Before you receive your discharge, however, you must complete an approved financial management course which we will assist you.
5 Years From the Date of Your First RepaymentUnless you have already completed your payments under your Chapter 13 Bankruptcy repayment plan, your payments under your Chapter 13 Bankruptcy plan must be complete within 5 years of the date of your first payment.
Arizona Bankruptcy Lawyer
1 East Camelback Road
Phoenix, AZ 85012
Criminal Defense Attorney Los Angeles
Law Offices of Daniel R. Perlman 6464 West Sunset Blvd. Suite 1030 Los Angeles CA 90028