Important Chapter 7 & 13 Bankruptcy Time Periods & Deadlines
The following deadlines and calculator will help you compute the time periods specified in the Federal Rules of Civil Procedure in any local rule or court order, or in any statute that does not specify a method of computing time.
PLEASE NOTE THE DEADLINES CHANGE. IT IS IMPORTANT TO CHECK THE CURRENT LAW.
DO NOT RELY SOLELY ON THIS CHART!
Beware! The dates calculated could change without notice. The Law Office of D.L. Drain, P.A. or any of its employees, officers or shareholders are not responsible for the accuracy of any of the following information. It is solely your responsibility to ensure the deadlines, information and law cited are correct.
How to calculate dates : see FRCP 6 and FRAP 26 of the Federal Rules of Civil Procedure.
BR Rule 9006 (a) Computing Time. The following rules apply in computing any time period specified in these rules, in the Federal Rules of Civil Procedure, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
| TIME LINES | CHAPTER 7 | CHAPTER 13 | DATE |
|---|---|---|---|
| 10 years Before Filing Bankruptcy |
NON-EXEMPT PROPERTY CONVERTED TO EXEMPT: The value of non-exempt property that Debtor contributed to the homestead, coop or burial plot, in order to hinder, delay, or defraud a creditor shall not be protected as exempt. §522(o) Trustee may avoid transfers Debtor made to trust in order to hinder, delay, or defraud a creditor, in anticipation of money judgment or criminal fine. §549(e) | NON-EXEMPT PROPERTY CONVERTED TO EXEMPT: The value of non-exempt property that Debtor contributed to the homestead, coop or burial plot, in order to hinder, delay, or defraud a creditor shall not be protected as exempt. §522(o) Trustee may avoid transfers Debtor made to trust in order to hinder, delay, or defraud a creditor, in anticipation of money judgment or criminal fine. §549(e) | |
| 10 years Before Filing Bankruptcy | LIMITATION ON HOMESTEAD: Homestead interest not exempt to extent attributable to non-exempt property disposed of with the intent to hinder, delay, or defraud a creditor within 10 years before petition; § 522(o) | LIMITATION ON HOMESTEAD: Homestead interest not exempt to extent attributable to non-exempt property disposed of with the intent to hinder, delay, or defraud a creditor within 10 years before petition; § 522(o) | |
| 5 Years Before Filing | HOMESTEAD EXEMPTION: Homestead exemption limited if criminal act, intentional tort, willful or reckless misconduct that caused serious physical injury or death within 5 years before petition; § 522(q)(1) | HOMESTEAD EXEMPTION: Homestead exemption limited if criminal act, intentional tort, willful or reckless misconduct that caused serious physical injury or death within 5 years before petition; § 522(q)(1) | |
| 1215 Days Before Filing |
HOMESTEAD EXEMPTION: Homestead exemption limited if interest acquired during 1215-day period before petition; § 522(p)(1). | HOMESTEAD EXEMPTION: Homestead exemption limited if interest acquired during 1215-day period before petition; § 522(p)(1). | |
| 8/6/4/2 Years Before Filing Bankruptcy |
PRIOR BANKRUPTCY PREVENTS FILING CHAPTER 7: A Debtor is prohibited from receiving a discharge under Chapter 7 if they received a discharge in a bankruptcy which was filed within the last 8 years. A discharge may still be granted if the prior bankruptcy discharge was Chapter 12 or 13, not within last 6 years, unless paid 100% of allowed unsecured claims, or paid at least 70% allowed unsecured claims and the plan was proposed in good faith and was the their best effort. 11 U.S.C. § 524 and 727(a)(8 & 9). No discharge for debtor’s spouse if filed within 6 years § 524(b). | PRIOR BANKRUPTCY PREVENTS FILING CHAPTER 13: A Debtor is prohibited from receiving a discharge under Chapter 13 if they received a discharge in a 7,11 or 12 bankruptcy which was filed within the last 4 years; or a chapter 13 case in the last 2 years.11 U.S.C. § 1328(f). Note – it is possible to read the law to mean that the waiting period to file a chapter 13 is measured from the discharge date not the filing date of the prior bankruptcy, but most courts measure from filing date of old case to filing date of new case. |
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| 3 Years, 4 Months Before Filing | HOMESTEAD LIMITATION (but see McNabb) Debtor may not exempt any equity in homestead over a stated amount if acquired 3 years, 4 months prior to filing (does not apply to farmers residence). Time limit does to apply if debtor transferred equity from prior residence, located in same state. §522(p) | HOMESTEAD LIMITATION (but see McNabb) Debtor may not exempt any equity in homestead over a stated amount if acquired 3 years, 4 months prior to filing (does not apply to farmers residence). Time limit does to apply if debtor transferred equity from prior residence, located in same state. §522(p) Interim BK Rules 1007(b)(F)(8) requires filing a statement if § 522(q)(1)(A) or (B) applied. | |
| 910 Days Before Filing | CRAM-DOWN: A motor vehicle used for personal use – cannot force a cram-down on purchase money interest in a personal use vehicle if purchased 910 days before filing. § 1325(a)(9) | ||
| 910 Days Before Filing | LOCATION OF DOMICILE: Location of debtor’s domicile during 180-day period (or greater portion of 180 days) preceding 730-day period used for determining exemptions if domicile not in single state for first 730 days. § 522(b)(3)(A) | LOCATION OF DOMICILE: Location of debtor’s domicile during 180-day period (or greater portion of 180 days) preceding 730-day period used for determining exemptions if domicile not in single state for first 730 days. § 522(b)(3)(A) | |
| 730 Days Before Filing | DEBTOR’S DOMICILE DETERMINES EXEMPTIONS: Debtor’s exemptions determined by the State of residence for last 2 years before filing. If Debtor did not live in a single state for 2 years, then exemptions determined by where debtor domiciled the 6 months preceding the last 2 years before filing. If state law does not permit a non-resident to use exemptions, then Debtor may use federal exemptions. § 522(b)(3) | DEBTOR’S DOMICILE DETERMINES EXEMPTIONS: Debtor’s exemptions determined by the State of residence for last 2 years before filing. If Debtor did not live in a single state for 2 years, then exemptions determined by where debtor domiciled the 6 months preceding the last 2 years before filing. If state law does not permit a non-resident to use exemptions, then Debtor may use federal exemptions. § 522(b)(3) | |
| 720 Days Before Filing | EDUCATIONAL IRA: Funds of a specific amount placed in education IRA between 720 and 365 days before petition excluded from estate; § 541(b)(5)(C). | EDUCATIONAL IRA: Funds of a specific amount placed in education IRA between 720 and 365 days before petition excluded from estate; § 541(b)(5)(C). | |
| 720 Days Before Filing | STATE TUITION CREDIT: Funds of a specific amount used to purchase state tuition credit between 720 and 365 days before petition excluded from estate; § 541(b)(6)(C). | STATE TUITION CREDIT: Funds of a specific amount used to purchase state tuition credit between 720 and 365 days before petition excluded from estate; § 541(b)(6)(C). | |
| 2 years Before Filing | NO DISCHARGE IN 13: No discharge in chapter 13 case if prior discharge entered in chapter 13 case filed within 2 years before order for relief; § 1328(f)(1). | ||
| 2 years Before Filing | REAL PROPERTY STAY EXCEPTION: Real property automatic stay exception applies within 2 years of entry of in rem order in prior case; § 362(b)(20) and (d)(4). | REAL PROPERTY STAY EXCEPTION: Real property automatic stay exception applies within 2 years of entry of in rem order in prior case; § 362(b)(20) and (d)(4). | |
| 2 years Before Filing | FRAUDULENT TRANSFER: Transfer, sale, concealment or destruction of property may prevent discharge in Chapter 7. The court may deny the Debtor(s) a discharge of all debt if they attempted to hinder, delay or defraud a creditor when they transferred, removed, destroyed, mutilated, or concealed property within one year prior to the filing of their Chapter 7 petition. 11 U.S.C. § 727(a)(2). The trustee may recover the property from the person who received it if the transfer was made within 2 years of filing, for less than fair market value; or debtor intended to hinder, delay or defraud a creditor. The trustee may also recover any asset the debtor transferred into a trust within 10 years before filing. 11 U.S.C. §548(a) |
FRAUDULENT TRANSFER: May apply to the extent of the chapter 7 reconciliation. | |
| 1 Year Before Filing | PREFERENCE: Re-paying money or property to a creditor who is an insider, such as a relative or certain business associate, within a year prior to filing may be a preference, but there are defenses. The Trustee may recover preferences and divide the money among all creditors,. 11 U.S.C. §§ 547(b)(4)(B), 547(c)(8), 101(31) | PREFERENCE: Re-paying money or property which is paid to a creditor who is an insider, such as a relative or certain business associate, within a year prior to filing may be a preference, but there are defenses. In Chapter 13, the Debtor(s) may be able to prevent the trustee from going after the relative by increasing the amount paid into their plan. 11 U.S.C. §§ 547(b)(4)(B, 547(c)(8), 101(31) | |
| 1 Year Before Filing | CRAM-DOWN: may be prohibited on purchase money loan secured by non-auto collateral incurred within 1 year before petition; § 1325(a) | ||
| 1 Year Before Filing | AUTOMATIC STAY EXCEPTIONS: Automatic stay exceptions based on prior cases pending but dismissed within 1 year before petition; § 362(c)(3) and (c)(4). | AUTOMATIC STAY EXCEPTIONS: Automatic stay exceptions based on prior cases pending but dismissed within 1 year before petition; § 362(c)(3) and (c)(4). | |
| 1 Year Before Filing | EDUCATIONAL IRA: Funds placed in education IRA within 365 days before petition excluded from estate; § 541(b)(5). | EDUCATIONAL IRA: Funds placed in education IRA within 365 days before petition excluded from estate; § 541(b)(5). | |
| 362 Days Before Filing | STATE TUITION CREDIT: Funds used to purchase state tuition credit within 365 days before petition excluded from estate. § 541(b)(6) | STATE TUITION CREDIT: Funds used to purchase state tuition credit within 365 days before petition excluded from estate. § 541(b)(6) | |
| 6-month Period Before Filing | MEANS TEST: Period for determining “current monthly income” based on 6-month period ending on last day of calendar month preceding petition date; § 101(10A). | MEANS TEST: Period for determining “current monthly income” based on 6-month period ending on last day of calendar month preceding petition date; § 101(10A). | |
| 180 days Before Filing | DISMISSAL OF PRIOR BANKRUPTCY PREVENTS FILING CHAPTER 7. Debtor(s) may not file any bankruptcy if they filed a previous bankruptcy which was dismissed in the preceding 180 days either (1) on the court’s order because of their willful failure to obey orders of the court or to appear in court when required; or (2) at the Debtor(s)’ request after the filing of a request for relief from the automatic stay. 11 U.S.C. § 109(g) |
DISMISSAL OF PRIOR BANKRUPTCY PREVENTS FILING CHAPTER 13. Debtor(s) may not file any bankruptcy if they filed a previous bankruptcy which was dismissed in the preceding 180 days either (1) on the court’s order because of their willful failure to obey orders of the court or to appear in court when required; or (2) at the Debtor(s)’ request after the filing of a request for relief from the automatic stay. 11 U.S.C. § 109(g) |
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| 91 days Before Filing | MINIMUM RESIDENCY REQUIREMENT: Debtor(s) must be a resident in the state in which they are filing for at least 91 of the last 180 days before filing. If they have not resided in the state that long, they can only file in the state where they have resided, or which has been their principal place of business or which has been the location of their principal assets for the majority of the last 180 days. 28 U.S.C. §1408 | MINIMUM RESIDENCY REQUIREMENT: Debtor(s) must be a resident in the state in which they are filing for at least 91 of the last 180 days before filing. If they have not resided in the state that long, they can only file in the state where they have resided, or which has been their principal place of business or which has been the location of their principal assets for the majority of the last 180 days. 28 U.S.C. §1408 | |
| 90 Days Before Filing | PREFERENCES: Avoidance of preferences made on or within 90 days before petition date; § 547 | PREFERENCES: Avoidance of preferences made on or within 90 days before petition date; § 547 | |
| 90 Days Before Filing | LUXURY GOODS: Charging luxury goods debts of a specific amount, incurred within 90 days before petition presumed nondischargeable; § 523(a)(2)(C)(i)(I) | LUXURY GOODS: Charging luxury goods debts of a specific amount, incurred within 90 days before petition presumed nondischargeable; § 523(a)(2)(C)(i)(I) | |
| 90 Days Before Filing | CREDITOR’S ADDRESSES AND ACCOUNT NUMBERS: The address and account numbers contained in any communications received from a creditor within 90 days prior to filing must be used on the Debtors schedules. §342(c)(2)(A) Failure to use the proper address may allow the creditor to seize your assets. | CREDITOR’S ADDRESSES AND ACCOUNT NUMBERS: The address and account numbers contained in any communications received from a creditor within 90 days prior to filing must be used on the Debtors schedules. §342(c)(2)(A) Failure to use the proper address may allow the creditor to seize your assets. | |
| 70 Days Before Filing | CASH ADVANCES: Cash advances of a specific amount, within 70 days before petition, are presumed nondischargeable; § 523(a)(2)(C)(i)(II) | CASH ADVANCES: Cash advances of a specific amount, within 70 days before petition, are presumed nondischargeable; § 523(a)(2)(C)(i)(II) | |
| NOTES: | DEBT PRESUMED TO BE NON-DISCHARGEABLE: §523 denies a discharge for a debt which is domestic support obligations, certain taxes, debt that is not listed on schedules, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, plus more. Bankruptcy Rule 4007(c); see also 11 USC § 523 | DEBT PRESUMED TO BE NON-DISCHARGEABLE: §523 denies a discharge for certain debts not addressed in chapter 13 plan: domestic support obligations, certain taxes, not listed on schedule, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, plus more. Bankruptcy Rule 4007(c); see also 11 USC § 523 A Chapter 13 hardship discharge may deal with these debts differently. 11 U.S.C. §§ 523(a)(2), 1328(b) | |
| 60 Days Before Filing | PAYMENT ADVICES: Payment advices received from employer within 60 days before petition; § 521(a)(1)(B)(iv) | PAYMENT ADVICES:Payment advices received from employer within 60 days before petition; § 521(a)(1)(B)(iv) | |
| 60 Days Before Filing | REASONABLE NEGOTIATION: Creditor unreasonably refused to negotiate alternative repayment schedule made at least 60 days before petition; § 502(k) | REASONABLE NEGOTIATION: Creditor unreasonably refused to negotiate alternative repayment schedule made at least 60 days before petition; § 502(k) | |
| 1-180 days Before Filing | CREDIT COUNSELING COURSE: Must be taken within 180 days PRIOR to filing the bankruptcy petition. A certificate of completion must be filed with the Court. Course providers must be approved by the US Trustee’s Office 11 U.S.C .§109 & §111 | CREDIT COUNSELING COURSE: Must be taken within 180 days PRIOR to filing the bankruptcy petition. A certificate of completion must be filed with the Court. Course providers must be approved by the US Trustee’s Office 11 U.S.C .§109 & §111 | |
| PETITION FILING DATE |
COMMENCEMENT OF CASE: A voluntary bankruptcy is commenced when the Debtor(s) file a petition with the Bankruptcy Court requesting protection from their creditors under Chapter 7. A husband and wife may file one petition together and commence a joint case. A case number will be assigned – use it on all filings.Must also file verified statement of Social Security number and the Credit Counseling Certificate. G.O. 94(F)(7) The filing of the petition creates a stay under 11 U.S.C. §362 prohibiting all collection actions. 11 U.S.C. §§ 301, 302, 101(42)- unless the Debtor has filed a prior bankruptcy in the last 12 months. Stay good for only 30 days if filed one prior case in last 12 months. §362(c)(3)(A). No stay at all if 2 or more cases in last 12 months. §362(c)(4)(A)(i) A dismissed case is a filed case. No excuse for failure to understand the requirements. A motion to extend the Stay must be filed within 30 days of the Petition. §362(c)(3)(B) & (4)(B). No automatic Stay if: 1) FED judgment involving residential property entered pre-petition §362((b)(22); 2) if prior case in last 12 months stay terminates after 30 days as to debtor, but not estate §362(c)(3)(A) | COMMENCEMENT OF CASE: A voluntary bankruptcy is commenced when the Debtor(s) file a petition with the Bankruptcy Court requesting protection from their creditors under Chapter 13. A husband and wife may file one petition together and commence a joint case. A case number will be assigned – use it on all filings.Must also file verified statement of Social Security number and the Credit Counseling Certificate. G.O. 94(F)(7) The filing of the petition creates a stay under 11 U.S.C. §362 prohibiting all collection actions. 11 U.S.C. §§ 301, 302, 101(42) – unless the Debtor has filed a prior bankruptcy in the last 12 months. Stay good for only 30 days if filed one prior case in last 12 months. §362(c)(3)(A). No stay at all if filed more than one prior case in last 12 months. §362(c)(4)(A)(i) A dismissed case is a filed case. No excuse for failure to understand the requirements. A motion to extend the Stay must be filed within 30 days of the Petition. §362(c)(3)(B) & (4)(B). No automatic Stay if: 1) FED judgment involving residential property entered pre-petition §362((b)(22); 2) if prior case in last 12 months stay terminates after 30 days as to debtor, but not estate §362(c)(3)(A) | |
| NOTE: Property of the Estate | ALMOST EVERYTHING YOU OWN BELONGS TO THE BANKRUPTCY ESTATE, EXCEPT: Certain funds in an IRA, under IRC 408 or 408A, plus earnings. §522(n). Up to a specific amount placed in Educational IRA or tuition credit between 1-2 years before filing – see §541(b)(5)&(6). Also exempt are contributions to ERISA, deferred comp 403(b) annuity, power exercised solely for third party, expired lease of nonresidential real property and pawned property and a few other items. |
ALMOST EVERYTHING YOU OWN BELONGS TO THE BANKRUPTCY ESTATE, EXCEPT: Certain funds in an IRA, under IRC 408 or 408A, plus earnings. §522(n). Up to a specific amount placed in Educational IRA or tuition credit between 1-2 years before filing – see §541(b)(5)&(6). Also exempt are contributions to ERISA, deferred comp 403(b) annuity, power exercised solely for third party, expired lease of nonresidential real property and pawned property and a few other items.This amount shall not constitute disposable income as defined in §1325(b)(2) |
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| File With the Petition | STATEMENT OF CURRENT MONTHLY INCOME & THE MEANS TEST: A debtor, who is an individual with primarily consumer debts, must complete and file a Statement of current monthly income and expense information. This is not the same form as used in Chapter 13 cases.Allowed monthly expenses: set forth under the National Standards and Local Standards for Housing and Utilities and Local Transportation Expenses and debtor’s actual monthly expenses specified as Other Necessary Expenses.Debtor can include charitable contributions, health, disability insurance and health savings expenses 707(b)(2)(A)(ii)(I), plus actual expenses for care and support of elderly, ill or disabled; plus actual education expenses (limited) per year/child – explain why not accounted for in above expense; include actual home energy expenses over Local Standards, plus all secured claims and arrears (chapter 13) divided by 60, plus all domestic support, divided by 60. § 707. Debtor’s expenses may include actual administrative expenses for chapter 13. §707(B)(2)(a)(ii)(III); G.O. 94(F)(4)The debtor(s) shall file a statement if the individual debt is not required to file the Statement of Current Monthly Income and Means Test because debts are not primarily consumer. GO 94 |
STATEMENT OF CURRENT MONTHLY INCOME & CALCULATION OF COMMITMENT PERIOD & DISPOSABLE INCOME: A debtor, who is an individual, must complete and file a Statement of Current Monthly Income. If income is greater than the median family income then Debtor must file a calculation of disposable income and expense information.G.O.(F)(6) This is not the same form as used in Chapter 7 cases.Allowed monthly expenses: set forth under the National Standards and Local Standards for Housing and Utilities and Local Transportation Expenses and debtor’s actual monthly expenses specified as Other Necessary Expenses.Debtor can include charitable contributions, health, disability insurance and health savings expenses 707(b)(2)(A)(ii)(I), plus actual expenses for care and support of elderly, ill or disabled; plus actual education expenses (limited) per year/child – explain why not accounted for in above expense; include actual home energy expenses over Local Standards, plus all secured claims and arrears (chapter 13) divided by 60, plus all domestic support, divided by 60. § 707. Debtor’s expenses may include actual administrative expenses for chapter 13. § 707(B)(2)(a)(ii)(III) The debtor(s) shall file a statement if the individual debt is not required to file the Statement of Current Monthly Income and Means Test because debts are not primarily consumer. GO 94 |
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| IMPORTANT NOTE | IF THERE IS A TRUSTEE’S SALE OR FORECLOSURE PENDING: immediately record a Notice of Bankruptcy in the county where the real property is located. | IF THERE IS A TRUSTEE’S SALE OR FORECLOSURE PENDING: immediately record a Notice of Bankruptcy in the county where the real property is located. | |
| NOTE: | DOMESTIC SUPPORT OBLIGATIONS: If the Debtor owes domestic support obligations (child support or alimony), then the Trustee is required to provide to the person owed money that assistance is available with the State child support enforcement agency. At time of discharge the Trustee is required to give the last recent known address of the debtor, debtor’s employer. 704(c)(1) | ||
| 5 Days After Filing Petition | DEADLINE TO FILE MASTER MAILING MATRIX: The master mailing matrix must be filed no later than 5 calendar days after the Petition. Failure to do so will mean that your case will be automatically dismissed. | DEADLINE TO FILE MASTER MAILING MATRIX: The master mailing matrix must be filed no later than 5 calendar days after the Petition. Failure to do so will mean that your case will be automatically dismissed | |
| 5 Days After Filing Petition | DEADLINE TO FILE STATEMENTS OF SOCIAL SECURITY NUMBER: The Statement of Social Security Number must be filed no later than 5 calendar days after the Petition. Failure to do so may cause dismissal of case. GO 94, Local Rule 1007-1 |
DEADLINE TO FILE STATEMENTS OF SOCIAL SECURITY NUMBER: The Statement of Social Security Number must be filed no later than 5 calendar days after the Petition. Failure to do so may cause dismissal of case. GO 94, Local Rule 1007-1 |
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| 5 Days After Filing Petition | DEADLINE TO FILE CREDIT COUNSELING CERTIFICATE: The Credit Counseling Certificate or certificate of exigent circumstances must be filed no later than 5 calendar days after the Petition. Failure to do so WILL cause dismissal of case. GO 94, §109(h) | DEADLINE TO FILE CREDIT COUNSELING CERTIFICATE: The Credit Counseling Certificate or certificate of exigent circumstances must be filed no later than 5 calendar days after the Petition. Failure to do so WILL cause dismissal of case. GO 94, §109(h) | |
| 10 Days After Filing Petition | PRESUMPTION OF ABUSE UNDER 707(b): For debtors with primarily consumer debts, the clerk shall give a notice of presumption of abuse to all Creditors within 10 days after filing. Interim Rule 5008 | ||
| 15 Days After Filing Petition Conflict | DEADLINE TO FILE SCHEDULES AND FINANCIAL STATEMENT: Within 15 days after filing the Chapter 7 petition, the Debtor(s) must file schedules listing all assets and liabilities, current income and expenditures, executory contracts and unexpired leases, and a statement of their financial affairs §707(a)(3); but §521(i)(1) provides for automatic dismissal if not filed within 45 days; BUT G.O. 94 requires an actual order of dismissal be entered first. § 707(a)(3), Bankruptcy Rule 1007(c); see also 11 U.S.C. § 521 Personal property, with a secured lien, shall be valued at replacement cost for property in same condition, without deducting costs of sale. All other personal property shall be valued at the price a merchant would charge for similar property of same age and condition. 506(a)(2). |
DEADLINE TO FILE SCHEDULES AND FINANCIAL STATEMENT: Within 15 days after filing the Chapter 13 petition, the Debtor(s) must file schedules listing all assets and liabilities, current income and expenditures, executory contracts and unexpired leases, and a statement of their financial affairs §707(a)(3); but §521(i)(1) provides for automatic dismissal if not filed within 45 days; BUT G.O. 94 requires an actual order of dismissal be entered first. § 707(a)(3), Bankruptcy Rule 1007(c); see also 11 U.S.C. § 521 Personal property, with a secured lien, shall be valued at replacement cost for property in same condition, without deducting costs of sale. All other personal property shall be valued at the price a merchant would charge for similar property of same age and condition. 506(a)(2) |
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| 14 Days After Filing Petition | DEADLINE TO FILE CHAPTER 13 PLAN: A Chapter 13 Plan must also be filed within 14 days after the Petition is filed. The plan provides for submission of future income and the treatment of the creditors, specifying when and how much each kind of creditor will receive. Must provide for payment of priority claims, including all past and current domestic support obligations. §§1322 & 1325,
Bankruptcy Rule 3015(b)Disposable income does not include income for child support or disability for dependents. Debtor may deduct expenses of child support/maintenance, charitable contributions of no more than 15% of gross income, plus costs of doing business. 1325((b)(B)If income exceeds median, then plan is limited to 5 years, but could be less. If income less than median, then plan may be no more than 3 years, unless approved by court §1322(d). But see 1325(b)(3)(4). |
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| 14 Days After Filing Petition Conflict | PAY ADVICES (pay stubs), OR OTHER EVIDENCE OF PAYMENT RECEIVED: Within 15 days after filing the Chapter 7 petition the Debtor must file copies of all payments received 60 days before filing, or a statement of monthly net income and a statement of increases in come or expenditures for next year §521(a)(1) & §707(a)(3); but §521(i)(1) provides for automatic dismissal if not filed within 45 days (Make sure to redact all but last 4 digits of social security number.) G.O. 94 | PAY ADVICES (pay stubs), OR OTHER EVIDENCE OF PAYMENT RECEIVED: Within 15 days after filing the Chapter 7 petition the Debtor must file copies of all payments received 60 days before filing, or a statement of monthly net income and a statement of increases in come or expenditures for next year §521(a)(1) & §1307(a)(9); but §521(i)(1) provides for automatic dismissal if not filed within 45 days (Make sure to redact all but last 4 digits of social security number.) G.O. 94 | |
| 14 Days After Filing Petition | DEADLINE TO FILE STATEMENT OF CURRENT MONTHLY INCOME AND MEANS TEST: Required by Clerk’s Notice to Debtors and Interim BK Rule 1007(c) | DEADLINE TO FILE STATEMENT OF CURRENT MONTHLY INCOME AND MEANS TEST: Required by Clerk’s Notice to Debtors and Interim BK Rule 1007(c) | |
| 14 Days After Filing Petition | DEADLINE TO FILE CERTIFICATE OF DEBTORS RECEIPT OF §342(b) NOTICE: Pursuant to §521(a)(B)(iii)(I), the Attorney or unrepresented debtor must file certificate that Debtor, with primarily consumer debts, received §342(b) notice. 707(a)(3) |
DEADLINE TO FILE CERTIFICATE OF DEBTORS RECEIPT OF §342(b) NOTICE: Pursuant to §521(a)(B)(iii)(I), the Attorney or unrepresented debtor must file certificate that Debtor, with primarily consumer debts, received §342(b) notice. |
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| NOTE: | COURT MAILS NOTICE OF BANKRUPTCY: Approximately 2-3 weeks after the Debtor(s)’ case is filed, the court mails a Notice of Chapter 7 Bankruptcy, Case, Meeting of Creditors, & Deadlines to the Debtor(s) and to the creditors listed in schedules filed by the Debtor(s). The notice contains meeting date, deadlines for objections to discharge and for filing Proofs of Claims. The meeting date and other information can be obtained by calling the court’s Automated Information Line. | COURT MAILS NOTICE OF BANKRUPTCY: Approximately 2-3 weeks after the Debtor(s)’ case is filed, the court mails a Notice of Chapter 13 Bankruptcy, Case, Meeting of Creditors, & Deadlines to the Debtor(s) and to the creditors listed in schedules filed by the Debtor(s). The notice contains meeting date, deadlines for objections to discharge and for filing Proofs of Claims. The meeting date and other information can be obtained by calling the court’s Automated Information Line. | |
| NOTE: After Filing Plan | BNC TO SERVE PLAN & NOTICE ON ALL CREDITORS. | ||
| NOTE | AMENDMENTS TO SCHEDULES, ET AL: If a creditor is added to the schedules after the Petition is filed, the Debtor shall include the full social security number on the creditor’s notice, but only the last 4 digits on the notice filed with the court. §342(c)(1) | AMENDMENTS TO SCHEDULES, ET AL: If a creditor is added to the schedules after the Petition is filed, the Debtor shall include the full social security number on the creditor’s notice, but only the last 4 digits on the notice filed with the court. §342(c)(1) | |
| 30 Days After Filing Petition | DEADLINE TO FILE STATEMENT OF INTENTION: Within 30 days after filing the Chapter 7 petition (or before the Creditor’s meeting if that is earlier), the Debtor(s) must file a Statement of Intention indicating whether they will be surrendering or keeping personal property secured by consumer debt. If the Debtor(s) are keeping secured property, they will need to indicate whether they intend to: (1) reaffirm the debt and continue to make the payments remaining obligated for the balance of the debt, or(2) redeem the property by immediately paying the value of the property and receive a discharge for the balance of the debt. §362(h)(1)A copy of the Statement of Intention must be served on the trustee and the creditors named in the statement on or before the filing of the statement.11 U.S.C. § 521; Bankruptcy Rule 1007(c) |
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| 30 Days After Filing Petition | DEADLINE TO FILE STATEMENT OF INTENTION AS TO UNEXPIRED LEASE: Within 30 days after filing the Chapter 7 petition (or before the Creditor’s meeting if that is earlier), the Debtor(s) must file a Statement of Intention indicating whether they will be surrendering or keeping personal property subject to an unexpired lease, otherwise stay terminates §362(h)(1) & §521(a)(2)(A) | ||
| 30 Days After Filing Petition | DEADLINE TO MAKE FIRST PLAN PAYMENT: Debtor must make the proposed plan payment, pay lease of personal property and pay adequate protection payments. 1326(a)(1) | ||
| 45 Days After Filing Petition |
AUTOMATIC DISMISSAL: Pursuant to §521(i)(1) Debtor’s case shall be automatically dismissed is they fail to to any of the following: file list of creditor, schedule of assets and liabilities, current income and expenses, statement of financial affairs, pay stubs, statement of monthly net income statement of increased income or expenses for next 12 months, and a certificate that the Debtor received the §342 notice. §521(a)(1). Court may extend, if request is made within 45 day deadline. §521(i)(3) But see 14 day deadline in 707(a)(3). | AUTOMATIC DISMISSAL: Pursuant to §521(i)(1) Debtor’s case shall be automatically dismissed is they fail to to any of the following: file list of creditor, schedule of assets and liabilities, current income and expenses, statement of financial affairs, pay stubs, statement of monthly net income statement of increased income or expenses for next 12 months, and a certificate that the Debtor received the §342 notice. §521(a)(1). Court may extend, if request is made within 45 day deadline. §521(i)(3) | |
| 15 Days Before Creditor’s Meeting | FEDERAL TAX RETURNS TO CREDITOR: The Debtor must provide a creditor a copy of the tax return, or transcript, for the last year a return was actually filed, if that request is made at least 15 days before the creditors meeting, §521(e)(12)(A)(i), Interim BK Rule 4002 Remove confidential tax information, such as children’s names and social security numbers. | FEDERAL TAX RETURNS TO CREDITOR: The Debtor must provide a creditor a copy of the tax return, or transcript, for the last year a return was actually filed, if that request is made at least 15 days before the creditors meeting, §521(e)(12)(A)(i), Interim BK Rule 4002 Remove confidential tax information, such as children’s names and social security numbers. | |
| 7 Days Before Creditor’s Meeting | FEDERAL TAX RETURNS TO TRUSTEE: At least 7 days before the Creditor’s Meeting provide the Trustee a copy of the Federal income tax return, or transcript for the last year a return was actually filed. §521(e)(12)(A)(i), Interim BK Rule 4002 Do not send to the Court. (Clerk’s Notice to Debtors) The Court shall dismiss the case if the debtor fails to perform. The Debtor shall provide the same to any creditor who requests. | FEDERAL TAX RETURNS TO TRUSTEE: At least 7 days before the Creditor’s Meeting provide the Trustee a copy of the Federal income tax return, or transcript for the last year a return was actually filed. §521(e)(12)(A)(i), Interim BK Rule 4002 Do not send to the Court. (Clerk’s Notice to Debtors) The Court shall dismiss the case if the debtor fails to perform. The Debtor shall provide the same to any creditor who requests. | |
| 1 Day Before Creditor’s Meeting | TAX RETURNS: Deadline for debtor to file all necessary tax returns due for last 4 years. §1308(a) | ||
| 20 to 50 Days After Filing Petition | § 341 MEETING – “CREDITOR’S MEETING”: §341 of the Bankruptcy code requires the Trustee to preside at a meeting of creditors within a “reasonable time.” This meeting is usually held between 20 and 40 days after Bankruptcy is filed. Interim BK Rule 2003.
The Debtor(s) is required to attend this meeting and testify under oath that the information filed with the Court is accurate. The meeting is usually on Zoom or by phone. Most creditors do not come to the meeting. The failure of creditors to attend the meeting does not effect their right to challenge the discharge in a Chapter 7. If the Debtor(s) do not attend, their case will most likely be dismissed. USC §§ 341& 343. |
§ 341 MEETING – “CREDITOR’S MEETING”: §341 of the Bankruptcy code requires the Trustee to preside at a meeting of creditors within a “reasonable time.” This meeting is usually held between 20 and 40 days after Bankruptcy is filed. Interim BK Rule 2003.
The Debtor(s) is required to attend this meeting (probably on Zoom or phone) and testify under oath that the information filed with the Court is accurate. Most creditors do not appear at the meeting.The failure of creditors to attend the meeting does not effect their right to challenge the discharge in a Chapter 7. If the Debtor(s) do not attend, their case will most likely be dismissed. USC §§ 341 & 343 |
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| 60 Days After Filing Petition | DEADLINE TO PROVIDE PROOF OF INSURANCE: As to personal property – Debtor must provide a purchase money secured creditor or lessor with proof of insurance. 1326(a)(4) | ||
| 10 Days After Creditor’s Meeting | DEADLINE FOR TRUSTEE FILE 707(b) STATEMENT: If the trustee determines that a Debtor’s, who is an individual, income, multiplied by 12, is greater than median family income then they must file a statement of presumed abuse under §707(b) The court shall provide copy of Trustee’s statement to all creditors. Within 30 days of filing statement the Trustee shall file motion to dismiss or convert, or a statement why dismissal or conversion is not appropriate.
Abuse under § 707(b) would apply if the debtor’s current monthly income, multiplied by 12, is greater than median family income. §704(b) Also, abuse if debtor’s current monthly income, minus allowed monthly expenses (see Means Test definition, above), times 60, is less than the lesser of either 25% of the debtor’s non-priority unsecured claims (such as credit cards and medical), or $6,000, whichever is greater; or $10,000 (these amounts may change). |
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| 14 Days After Creditor’s Meeting | CREDITOR’S DEADLINE TO OBJECT TO PLAN: Creditor must object to plan within 14 days after Creditor’s Meeting, or 28 days after service of Plan, whichever is later. Rule 2002, Local Rule 2084-9 (a)(1) Failure to timely object will constitute acceptance of Plan §1325(a)(5)(A) | ||
| 30 Days After Creditor’s Meeting Concluded | DEADLINE FOR CREDITORS OR TRUSTEE TO OBJECT TO CLAIM OF EXEMPT PROPERTY: Creditors and the Trustee have until 30 days after the conclusion of the creditor’s meeting, or the filing of any amendment, to object to the property the Debtor(s) has claimed as exempt in Schedule C. Most creditor’s meetings are concluded on the same day they are set, occasionally the meeting is continued to a later date, which will extend the time that creditors have to object.§522(l) Objections based on 522(q) are extended to the close of the case. Bankruptcy Rule 4003 | DEADLINE FOR CREDITORS OR TRUSTEE TO OBJECT TO CLAIM OF EXEMPT PROPERTY: Creditors and the Trustee have until 30 days after the conclusion of the creditor’s meeting, or the filing of any amendment, to object to the property the Debtor(s) has claimed as exempt in Schedule C. Most creditor’s meetings are concluded on the same day they are set, occasionally the meeting is continued to a later date, which will extend the time that creditors have to object.§522(l) Objections based on 522(q) are extended to the close of the case. Bankruptcy Rule 4003 | |
| 35+ Days After Creditor’s Meeting | TRUSTEE’S DEADLINE TO FILE RECOMMENDATION TO PLAN” Trustee must file his recommendation or objection to the plan within 35 calendar days after Creditor’s Meeting, or 50 days after service of Plan, whichever is later. If Debtor has not made any payments by this date, Trustee can request a dismissal. G.O. 95 |
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| NOTE | COURT’S DEADLINE TO HOLD HEARING ON CONFIRMATION OF PLAN §1324 But, in Arizona, Court may confirm plan without a hearing if no objections, or TE and objecting creditors sign stipulated Order. GO 95(X) | ||
| 45 days After Creditor’s Meeting – note Conflict | DEADLINE TO PERFORM UNDER STATEMENT OF INTENTION: As to personal property with an allowed purchase price secured claim: Within 45 days after the Creditor’s meeting the debtor must enter into agreement with creditor or redeem the property. §521(a)(6), otherwise the creditor can repossess the personal property, including a vehicle.
REAFFIRMATION: the creditor must provide the debtor complicated disclosures before entering into reaffirmation agreement. §524(k) The agreement must be approved by the court, if Debtor’s attorney does not sign. The debt cannot impose an undue hardship on debtor or debtor’s dependents. The debtor may rescind the agreement within 60 days. §521(c)(4) DEADLINE FOR REAFFIRMATION: RULE 4008(a) Reaffirmation must be filed no later than 60 days after first date set for the 341. But §521(a)(2)(B) sets 30 days after creditor’s meeting as deadline to perform. |
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| 45 days After Creditor’s Meeting | PERSONAL FINANCIAL MANAGEMENT COURSE: The certificate must be filed with the Court within 45 days after creditors meeting. Course providers must be approved by the US Trustee’s Office 11 U.S.C.§111 and §727(a)(11), Interim BK Rules 1007(c). Debtor must file a record of interest in an education individual retirement account or qualified State tuition program §521(c). | PERSONAL FINANCIAL MANAGEMENT COURSE: Certificate must be filed with the Court before a discharge will be entered. Course providers must be approved by the US Trustee’s Office 11 U.S.C.§111, Interim BK Rules 1007(c) Debtor must file a record of interest in an education individual retirement account or qualified State tuition program §521(c) | |
| 60 days After Creditor’s Meeting | DEADLINE FOR OBJECTION TO DISCHARGE OF A PARTICULAR DEBT UNDER §523 Creditors have until 60 days after the first date set for creditor’s meeting under § 341 to file a complaint under § 523(a)(2), (4) & (6). 523 allows creditors to object to the discharge of debts which were obtained by false pretenses, a false representation, or actual fraud; debt from fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny; and debt for willful and malicious injury §523(c)(1). The most common objection to discharge of a debt is based on § 523(a)(2). This section presumes that charges of a stated amount for cash advances or for “luxury goods or services – not necessary for support of family” incurred within 70 or 90 days, respectively, before the case is commenced are not discharged. This section denies a discharge for a debt which is domestic support obligations, certain taxes, not listed on schedule, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, plus more. Bankruptcy Rule 4007(c);see also 11 USC § 523 |
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| 60 Days After Creditor’s Meeting | DEADLINE FOR REAFFIRMATION: RULE 4008(a) Reaffirmation must be filed no later than 60 days after first date set for the 341.
DEADLINE FOR U.S. TRUSTEE, ANY PARTY IN INTEREST OR COURT TO MOVE TO DISMISS CASE FOR SUBSTANTIAL ABUSE UNDER §707(b) |
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| 65+ Days After Creditor’s Meeting | DEBTOR’S DEADLINE TO COMPLY WITH RECOMMENDATION AND/OR OBJECTION TO PLAN: The Debtor is to comply with the Trustee’s recommendation and/or objection to the plan within 30 days after trustee files recommendation and/or objection, or file objection and set matter for hearing G.O. 95. | ||
| 60 Days After Creditor’s Meeting OLD LAW?? | DEADLINE TO FILE ALL DUE, BUT UNFILED,TAX RETURNS: For cases filed in the District of Arizona, the Debtor(s) must file all due but unfiled tax returns within 60 days after the first date set for the §341 – Creditor’s meeting. Do not file for an extension without the Trustee’s permission. If you fail to file all the returns the Trustee will lodge an order dismissing your bankruptcy. During the pendency of your bankruptcy send all your returns to addresses provided by the Internal Revenue Service and the Arizona Department of Revenue, Bankruptcy Unit. If it is important that you file immediately you can also hand deliver the returns to the IRS – call them to confirm the proper address. Take two copies of the executed return with you and have the clerk date stamp it – send these to the Trustee and your Attorney. All refunds due you on filing your chapter 7 must be surrendered to the Trustee. |
DEADLINE TO FILE ALL DUE, BUT UNFILED, TAX RETURNS: For cases filed in the District of Arizona, the Debtor(s) must file all due but unfiled tax returns within 60 days after the first date set for the §341 – Creditor’s meeting. Do not file for an extension without the Trustee’s permission. If you fail to file all the returns the Trustee will lodge an order dismissing your bankruptcy. During the pendency of your bankruptcy send all your returns to addresses provided by the Internal Revenue Service and Arizona Department of Revenue, Bankruptcy Unit. If it is important that you file immediately you can also hand deliver the returns to the IRS – call them to confirm the proper address. Take two with you and have the clerk date stamp it – send these to the Trustee and your Attorney.
Conflict– Deadline for debtor to file all necessary tax returns due for last 4 years. §1308(a) For at least the first 3 years of your chapter 13 all refunds will be paid into your Plan, unless the Trustee agrees otherwise. |
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| 70 Days After Filing Petition |
THE TRUSTEE WILL DETERMINE IF THERE ARE FUNDS, THEREFORE IS AN ASSET CASE. ONLY THEN ARE CLAIMS FILED IN A CHAPTER 7.
DEADLINE FOR NON-GOVERNMENT CREDITOR TO FILE PROOF OF CLAIM: in voluntary Chapter 7 (asset case), 12 or 13 cases, a proof of claim must be filed no later than 70 days after the bankruptcy filing date. In involuntary chapter 7 cases, a proof of claim must be filed no later than 90 days after the order for relief. Rule 3002(c). For debts secured by a security interest, a proof of claim (together with certain supplementary attachments required under Rule 3001(c)(2)(C)) is considered timely if the claim is filed not later than 70 days after the order for relief and the supplementary attachments are filed no later than 50 days thereafter. Rule 3002(c)(7). |
DEADLINE FOR NON-GOVERNMENT CREDITOR TO FILE PROOF OF CLAIM: A creditor, INCLUDING SECURED CREDITORS, other than a governmental unit, must file its Proof of Claim within 70 days after the Petition date, or conversion to 13, in order to share in payments from the estate. Bankruptcy Rule 3002(c)
In Chapter 12 or 13 cases, debtors may request an order declaring secured claims satisfied and corresponding liens released pursuant to the confirmed plan. Rule 5009(d). |
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| 120+Days After Filing | DISCHARGE ENTERED IN CHAPTER 7 CASE: If the chapter 7 case is filed by individuals, and the Personal Financial Management Certificate has been filed with the Court, and has filed requested tax documents (521(f)), and any other requirements, then the Court will enter Discharge. The discharge is not absolute or final. The trustee can ask that the discharge be set aside if the Debtors do not turn over non-exempt property, and for other violations of the Debtor’s duties. Bankruptcy Rule 4004(c)(1), 4004(a), 1017(e)and Interim BK Rule 4004(c)(H) If the Debtor(s) fails to timely perform The Clerk can close the file, without entering the discharge. Interim BK Rule 4006. | ||
| 180 Days After Filing | THE TRUSTEE WILL DETERMINE IF THERE ARE FUNDS, THEREFORE IS AN ASSET CASE. ONLY THEN ARE CLAIMS FILED IN A CHAPTER 7. DEADLINE FOR GOVERNMENT CREDITOR TO FILE PROOF OF CLAIM: A governmental unit, such as the Internal Revenue Service, must file its Proof of Claim within the commencement of the case in order to share in payments from the estate. Bankruptcy Rule 3002(c)(1) |
DEADLINE FOR GOVERNMENT CREDITOR TO FILE PROOF OF CLAIM: A governmental unit, such as the Internal Revenue Service, must file its Proof of Claim within the commencement of the case in order to share in payments from the estate. Bankruptcy Rule 3002(c)(1) | |
| NOTE | DEBTOR’S OBLIGATION TO FILE TIMELY TAX RETURNS: At any time during the chapter 13 case the Court can dismiss the case if the Debtor fails to file of all tax return §521(j)(1) | ||
| NOTE: 2 Years After Another Chapter 13 Discharged | NO DISCHARGE ALLOWED IN CHAPTER 13: If another chapter 13 case was discharged in the 2 years preceding the filing of the current chapter 13. §1328(f)(2) | ||
| NOTE: 4 Years After Another Discharge Entered | NO DISCHARGE ALLOWED IN CHAPTER 13: If a chapter 7, 11 or 12 case was discharged in the 4 years preceding the filing of the current chapter 13. §1328(f)(1) | ||
| NOTE: Prior to Last Payment or Filing Motion to Discharge Chapter 13 | PERSONAL FINANCIAL MANAGEMENT COURSE: Certificate must be filed with the Court before the last payment is made or filing of motion for entry of Discharge. Course providers must be approved by the US Trustee’s Office 11 U.S.C .§111 and §1328(g)(1), Interim BK Rules 1007(c) DOMESTIC SUPPORT OBLIGATIONS: After completing the plan the Debtor must certify that all domestic support obligations are current. 11 U.S.C .§1328(a)PRE-FILING CONTRIBUTIONS TO HOMESTEAD: Interim BK Rules 1007(b)(F)(8) requires filing a statement if §522(q)(1)(A) or (B) applied. |
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| NOTE: Prior to Discharge of Chapter 13 | DEADLINE FOR OBJECTION TO DISCHARGE OF A PARTICULAR DEBT UNDER §523 and §1328 Bankruptcy Rule 4007(d) – on Debtor’s motion for discharge under §1328 the court shall enter an order fixing deadlines for filing dischargeability complaints under §523(c) – 30 day notice to creditors. §523 allows creditors to object to the discharge of debts which were obtained by false pretenses, a false representation, or actual fraud; debt from fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny; and debt for willful and malicious injury §523(c)(1).§§523 and 1328 denies a discharge for a debt which is domestic support obligations, certain taxes, debts not listed on bankruptcy schedules, government fines or penalties, any loan for educational purposes, HOA dues, debt owed to pension, criminal finds, restitution for willful personal injury or death, plus more. U.S.C. § 523 and 1328(a) |
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| NOTE: As soon as practical After Plan Completed | DISCHARGE ENTERED IN CHAPTER 13 Upon completion of plan payments the discharge in Chapter 13 is entered. 11 U.S.C. § 1328 |
