One of the first questions that prospective bankruptcy clients ask is how long a bankruptcy case takes from beginning to end. The answer is that it differs based on under which chapter the bankruptcy is filed. Typically, chapter 13 cases take from three to five years, although Chapter 7 cases take much less time.
Except for cases that are complex or where creditors file objections to the debtor’s discharge, most Chapter 7 cases take from three to five months from the time a case is filed to the time the court enters a discharge order. However, in very few instances do creditors file objections to discharge in Chapter 7 bankruptcy cases. Theron Morrison and the attorneys at the Morrison Law Group can help ensure that anyone filing bankruptcy meets all necessary filing requirements so that no objections to discharge are raised by any creditor or the trustee.
Chapter 7 bankruptcy cases may take longer as the result of the Chapter 7 trustee needing to make additional requests for documents or other information from the debtor. Provided that the debtor promptly replies to these requests, they should only result in short delays. Because creditors are required to complete pre-filing and post-filing credit counseling courses, their incompletion may delay the court entering a debtor’s discharge order. Debtors may not receive a discharge until completing both credit counseling courses.
Chapter 7 bankruptcy cases may also last longer if classified by the trustee as an “asset case” which necessitates the Chapter 7 trustee liquidating the debtor’s assets and distributing the proceeds to creditors. If the case is in an “asset case,” the trustee must take the time to address the debtor’s non-exempt assets and deal with their disposition, which may cause uncertain delays.
Chapter 7 cases may be delayed for longer periods if a creditor or the trustee files an action against the debtor known as an adversary proceeding. Adversary proceedings are actions brought by other parties against the debtor and often used to challenge the dischargeability of a debt.
Many bankruptcy debtors have a choice between filing a Chapter 7 bankruptcy case and Chapter 13 bankruptcy case. There are many differences between the two chapters. An experienced Morrison Law Group attorney can help you determine which is best for your financial situation. Call 801.456.9933 today to schedule a FREE consultation and discuss your complete set of options. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.
