How long does the bankruptcy process take? 26 Answers as of June 16, 2011

How long will the whole thing take me? More importantly, how long until the creditors stop harassing me?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Creditors should stop harassing you within 48 hours of filing a Bankruptcy petition. The actual Bankruptcy process may take as little as 4 months or years depending on your case.
Answer Applies to: New Hampshire
Replied: 6/16/2011
William Reed
William Reed | William Reed
If you have a lawyer, you should ask her or him. Each district is different. Where I am located, Ch. 7s usually take about six months.
Answer Applies to: Florida
Replied: 6/14/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
A typical individual Chapter 7 bankruptcy case takes approximately 4 months from the day that it is filed until the day that the debtor receives his or her discharge. The filing of any new bankruptcy case creates an automatic stay pursuant to 11 U.S.C. Section 362. This stops creditors from harassing the debtor. A Notice of Automatic Stay is included in the first document that is sent out by the Bankruptcy Court to all creditors within the first week of the case. For even faster relief, if you hire me, you can tell your creditors, "I am filing bankruptcy.
Answer Applies to: California
Replied: 6/14/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Some factors are based on your activity. . ie. How quickly you can fill out your attorney's paperwork and get documents to him. Some are built in time constraints. meetings of creditors by law have to be scheduled 20-40 days from filing. deadline to object to discharge is 60 days from conclusion of the meeting. trustee can keep cases open for years dealing with estate property. chapter 13 plans are 3-5 years long. creditors should stop calling you once you have a representative under the Fair Debt Collection Act. They are required to contact your representative. Your attorney can tell you what he considers to be necessary to become your representative.
Answer Applies to: Missouri
Replied: 6/14/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
The length of the process depends on which chapter you are filing and what, if any, complications arise in the case. A typical Chapter 7 case takes about 4 months from start to finish. Chapter 13 is 36-60 months. Chapter 11 can be longer. Creditors have to stop harassing you when your case is filed, due to the "automatic stay" that goes into place.
Answer Applies to: California
Replied: 6/13/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    You can receive a Ch 7 discharge in about 3 months. In a Ch 13, you can get a discharge after paying into a plan for 3-5yrs. Once you file BK, an automatic stay will prevent creditors from collecting or harassing you.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    From the date of filing to the date your case is closed, a chapter 7 bankruptcy could be as short as 6 months. Unfortunately, not every case is that quick. There is a lot of administrative work that occurs behind the scenes, and, depending on the complexity of the case, could take up to 2 years. However, most chapter 7 cases do not require any involvement from you after the first 4 months (again, depending on the complexity of the case). A chapter 13 will take anywhere from 3-5 years depending on the length of your plan.
    Answer Applies to: Arizona
    Replied: 6/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Once a bankruptcy is filed creditors receive notices and stop contacting you. Start to finish takes about four months.
    Answer Applies to: California
    Replied: 6/13/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The good news is that the creditors must stop harassing you as soon as you file. In my jurisdiction it takes about 5 months to complete to case.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    How long it takes depends largely on you the consumer. My experience is that most clients have difficulty getting together all of their documents and information. The typical bankruptcy takes about 3-4 weeks from the time I first see them. In most cases I am waiting on additional personal information to proceed. The positive thing is that once you retain an attorney, most if not all of the creditor calls stop and if they don't than there is the potential for a Fair Debt Collections Action. Once you file a bankruptcy petition is filed it usually takes about 60 days to receive your discharge.
    Answer Applies to: North Carolina
    Replied: 6/13/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Creditors receive notice that the Petition has been filed within a few days.
    Answer Applies to: California
    Replied: 6/13/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    It depends on the type of bankruptcy case that you file. A Chapter 7 case typically lasts from 4-6 months and a Chapter 13 case can last anywhere from 3-5 years.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    A no asset chapter 7 takes approximately 180 days from filing to discharge, but that is only an approximation. Creditors should stop calling within 2 weeks of filing. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    A Chapter 7 takes about 3 months. Creditor calls will stop as soon as the creditors are notified of the bankruptcy filing.
    Answer Applies to: California
    Replied: 6/10/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    The creditors will be subject to the automatic stay upon filing. If they contact you before getting notice from the court, you can notify them of the filing and they will often stop contacting you. A Chapter 7 can be wrapped up in 3-4 months.
    Answer Applies to: New York
    Replied: 6/10/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Creditors can stop harassing you the moment they confirm with your attorney that you are filing BK. They cannot attempt contact with upon the filing of your petition.
    Answer Applies to: California
    Replied: 6/10/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    How long the entire process takes cannot be answered without knowing what chapter you qualify and/or want to file under. As to how quickly your creditors stop harassing you, the answer is as soon as the case is filed and they receive notice of the filing, which takes about 2-3 business days. However, once you file your petition you can pick up the calls and inform your creditors that you filed for bankruptcy protection and provide them your case number and they have to stop harassing you immediately.
    Answer Applies to: California
    Replied: 6/10/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    Chapter 7 normally takes about 4 months Chap 13 unto 5 years Creditors must stop harassment as soon as the case is filed and they are told of the filing If you hire a lawyer they are required to stop all contact with you.
    Answer Applies to: California
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The filing of a bankruptcy (unless you have done successive filings) will stay almost all creditor actions. As for how long can a case take, Chapter 13s will last 3-5 years. A Chapter 7 may be completed in as few as about 4-6 months, or could stay open for years. These are all things that vary by case and need to be discussed with your lawyer (do not attempt a filing without counsel).
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    The moment you file your bankruptcy case, your creditors are required to stop harassing you. You will have a court date in about 30 days from the date of filing your case, and you will receive your bankruptcy discharge about 4 months from the date of filing.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    They'll stop harassing you as soon as you file. If they call after that, tell them you've filed and they'll turn very polite.
    Answer Applies to: Virginia
    Replied: 6/10/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    A chapter 7 takes 105 days approximately. Creditors are prohibited by law from harassing once you file your case.
    Answer Applies to: California
    Replied: 6/10/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Creditor harassment and contact stops with the filing of the bankruptcy in court. How long it takes to get to that point depends on how long it takes you to get the documents and money together needed to file and how quickly your lawyer can prepare everything and file it.
    Answer Applies to: Indiana
    Replied: 6/10/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Creditor calls can be stopped once you hire an attorney and the creditors are notified. Depending on the jurisdiction and how backed up the BK court is, it could take as little as a couple months to complete.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Assuming you are talking about a Chapter 7, as opposed to a Chapter 11 or 13, a typical case takes about 3 months from filing date. Figure the case gets filed, then approximately a month later is your court date, and typically 75 days after that you get your discharge, give or take a few days. As far as the creditors go, once you file the case, the Bankruptcy Court sends out a notice to them within few days warning them not to contact you. So the harassment should stop a few days after you file.
    Answer Applies to: California
    Replied: 6/10/2011
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