How Long Does Chapter 13 Bankruptcy Take?

Admin on January 20, 2023 Posted in Bankruptcy Law, Blog

When it comes to filing for bankruptcy, the process can be daunting, especially when you do not understand how it works and have no idea what to expect in the coming days, weeks, and months.

It is vital to have a thorough understanding of the filing process and know what happens after you file for bankruptcy. Below, we will discuss how long the Chapter 13 bankruptcy filing process takes and what happens after you file.

If you are considering filing for bankruptcy under Chapter 13, contact our Oakland Chapter 13 bankruptcy attorney at the Law Offices of Melanie Tavare. Our knowledgeable attorney will guide you through the filing process and ensure that all your questions are answered when seeking this form of debt relief.

What Happens When You File for Chapter 13 Bankruptcy?

The Chapter 13 bankruptcy filing process should always begin with a consultation with a qualified attorney who will help you determine if Chapter 13 is right for your financial situation. After that, you must gather all necessary documentation and fill out the appropriate forms with your attorney’s assistance. This includes gathering credit reports, tax returns, pay stubs, bank statements, credit card bills, and other documents related to your finances. Once your paperwork is complete and submitted to the court, you will receive a notice of confirmation. This step alone usually takes several weeks.

What Happens After the Notice of Confirmation?

To complete the Chapter 13 filing process successfully, you must also complete two more required steps:

  • attending credit counseling and completing the debtor education course; and
  • putting together a repayment plan.

During your credit counseling sessions, an approved nonprofit agency will review your budget and provide advice about how best to manage your debt in light of your new financial situation. Your repayment plan must be approved by the court before it can take effect.

You should also note that federal law requires debtors in a Chapter 13 case to make their first payment approximately 30 days after their petition has been filed (11 U.S.C. § 1326(a)(1)).

How Long Does the Filing Process Take?

While going through any kind of bankruptcy can be stressful and overwhelming, having an understanding of what lies ahead can make it easier for those considering filing for Chapter 13 bankruptcy protection.

The entire process typically takes three to five months from start to finish but can take longer depending on many factors, including how quickly you submit the required paperwork and attend credit counseling sessions, as well as how quickly the court approves your repayment plan.

While the filing process can seem daunting and time-consuming, having a skilled bankruptcy attorney on your side can help alleviate much of the stress. If you have an attorney, you can have peace of mind knowing that you are doing everything correctly throughout your bankruptcy case.

Consult with a Chapter 13 Bankruptcy Attorney Today

If you are considering filing for Chapter 13 bankruptcy protection, it is important that you understand all aspects of the process and know what your next steps should be. Having an actionable plan in place helps ensure that everything goes as smoothly. Contact our Chapter 13 bankruptcy attorney at the Law Offices of Melanie Tavare to learn more about the bankruptcy filing process. Call 510-255-4646 today to request a free consultation.