A step-by-step timeline for both Chapter 7 (3-4 months) and Chapter 13 (3-5 years) bankruptcy in the Southern District of New York.
Chapter 7 typically takes 3-4 months from filing to discharge. The 341 meeting of creditors occurs about 30 days after filing. The debtor education course must be completed within 60 days. Discharge is usually entered about 60-90 days after the 341 meeting.
Gather required documents: 6 months of pay stubs, 2 years of tax returns, bank statements, list of all debts and assets. Complete the required pre-filing credit counseling course (must be taken within 180 days before filing, costs $15-25). Consult with an attorney. Review filing checklist.
Your attorney files the petition, schedules, and statements with the U.S. Bankruptcy Court. The automatic stay takes effect immediately - all collection activity, garnishments, foreclosures, and repossessions must stop. Filing fee: $338.
You attend a brief meeting of creditors (usually by phone or video for S.D.N.Y. cases). The Chapter 7 trustee asks questions under oath about your finances. Most meetings last 5-10 minutes. Bring photo ID and proof of Social Security number.
Complete the second required financial management course ($10-25). This must be done before discharge can be entered. File the certificate with the court.
Creditors have 60 days from the 341 meeting to file objections to discharge or to specific debts. In most cases, no objections are filed.
The court enters your discharge order, permanently eliminating eligible debts. The case closes shortly after. The discharge injunction prevents creditors from ever collecting on discharged debts.
Same document gathering as Chapter 7, plus income projections and a proposed repayment plan. Complete credit counseling course. Your attorney drafts the Chapter 13 plan. Review filing checklist.
Petition filed with the court. The automatic stay takes effect immediately. The proposed repayment plan is filed (or within 14 days). Filing fee: $313.
You must begin making plan payments to the Chapter 13 trustee within 30 days of filing, even before the plan is confirmed. Payments are typically made via payroll deduction.
Similar to Chapter 7 but the Chapter 13 trustee reviews your proposed plan and budget. Creditors may ask questions or raise objections to the plan.
The court holds a hearing to confirm (approve) your repayment plan. Creditor objections are resolved. Once confirmed, the plan is binding on all parties.
You make monthly payments to the Chapter 13 trustee, who distributes funds to creditors. Below-median-income debtors may complete a 3-year plan. Above-median debtors typically must complete a 5-year plan.
After completing all plan payments and the debtor education course, the court enters your Chapter 13 discharge. Remaining unsecured debt balances are eliminated.
Your case assignment depends on the county where you reside. Manhattan and boroughs cases are heard at Bowling Green. Westchester and suburban county cases are heard in White Plains. Look up your district.
Typically 3-4 months from filing to discharge. The 341 meeting happens around day 30, and discharge is entered about 60-90 days after that.
Chapter 13 involves a 3-5 year repayment plan. Below-median-income debtors may qualify for 3 years; above-median typically must complete 5 years. Discharge is entered after the final plan payment.
A brief hearing (5-10 minutes) where the trustee asks questions under oath about your finances. Creditors rarely attend. Bring photo ID and proof of SSN. Full guide.
Usually 1-4 weeks to gather documents and complete credit counseling. Emergency filings can be done in a few days if facing imminent garnishment, repossession, or foreclosure. See filing checklist.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.
Free Discharge ScreenerRelated New York Bankruptcy Resources
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