Bankruptcy Timeline

Assistance Throughout Every Step of the Process 

At Avery Law, our Idaho bankruptcy lawyers work tirelessly to help you complete your bankruptcy process as swiftly, smoothly and successfully as possible. While every bankruptcy case varies on a unique basis, U.S. bankruptcy law establishes a general bankruptcy timeline that applies to most cases, regardless of the Chapter of bankruptcy you file under. The following sequence of events can help you gain a better picture of how the bankruptcy process progresses:

Eight Years Before Bankruptcy 
You are ineligible for a Chapter 7 discharge until eight years from the date you filed a prior Chapter 7 bankruptcy and received a discharge. If you received a Chapter 11 or Chapter 13 discharge in a case filed within the previous six years, you will be eligible for a Chapter 7 discharge if, during your prior case, you paid at least 70% of your unsecured debt. If you have filed bankruptcy before and are unsure about your current eligibility to file a new case, our firm can assist you in determining if you qualify.

Within 180 Days of Filing 
Under the new laws enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), all consumers must complete credit counseling within 180 days prior to filing.

Filing Bankruptcy 
Your bankruptcy process will formally begin once you have filed a petition with the bankruptcy court. During this initial stage, the court will also issue a court ordered automatic stay. As a result of the automatic stay, all collection activities against you, including wage garnishments, lawsuits, foreclosure proceedings and debt collection phone calls, will cease while your bankruptcy is pending.

After Filing 
After you have filed your petition, you will eventually be required to attend a meeting of creditors. This typically occurs around 30 days after filing and is mandatory. During the meeting you will be required to answer questions, under oath, regarding your financial affairs and property. After the creditors' meeting, your bankruptcy will progress according to your financial situation and the Chapter of bankruptcy you have filed under. Our Idaho bankruptcy attorneys can help you use this time to prepare for your financial future and for the period after your discharge has been granted or your payment plan established.

Learn More About Your Bankruptcy Timeline

By having experienced, knowledgeable and caring attorneys by your side, you can be sure that your bankruptcy timeline will progress smoothly and without crucial errors. Having filed more than 8,000 bankruptcies throughout our more than 65 years of combined experience, our Idaho bankruptcy lawyers are prepared to help you through the process from beginning to end.

We have outlined the basis bankruptcy timeline to provide you with a general understanding of what you can expect. As the timeline may vary depending on your unique situation, we recommend that you schedule a free case evaluation to meet with a member of our legal team for an in depth analysis of your situation.