Below is a general outline of typical deadlines in a Chapter 13 case. Local bankruptcy rules and other events could change this timeline.
Below is a general outline of typical deadlines in a Chapter 13 case. Local bankruptcy rules and other events could change this timeline.
- Within 180 days prior to filing Chapter 13
- Debtor takes UST approved credit counseling course
*Number of days after filing Petition, unless noted otherwise
Day*
- 1
Event
- Petition filed by Debtor/Debtor Attorney
- Bankruptcy Clerk notices Section 341 meeting for 35 to 50 days after petition file date.
- Trustee Office notices Pre-Hearing Conference and Confirmation Docket Hearing not more than 45 days after 341 meeting date.
- 1-15
Debtor files required paperwork:
- All required Schedules
- Certificate that Debtor read and received required notice
- Chapter 13 Plan
- Authorization for Adequate Protection Disbursement (AAPD)
- Form 22C-1 (Form 22C-2, if applicable) Statement of Currently Monthly Income and Calculation of Commitment
Period - Copies of last 60 days payment advices Trustee provides Notice to DSO holder and child support State
Agency, if applicable
- 1-30
First Payment to Trustee due no later than 30 days after Petition File date (and each month thereafter until the Plan is completed).
- If Payment is not made – Trustee sends Notice of Intent (NOI) to Dismiss case
- 28-43
7 days prior to the 341 Meeting of Creditors, Debtor send copies of Tax Returns or transcripts for the last 2 years.
- 46
Trustee sends Notice of Intent (NOI) to Dismiss case for failure to file any required documents.
- 35-50
341 Meeting of Creditors
- Meeting concluded: case proceeds to Confirmation. The Trustee has 30 days from the concluded 341 meeting
date to object to exemptions
If the 341 Meeting is adjourned:
- Trustee will reset within 10 days to 2 weeks
- No ID, Tax Returns or other docs – NOI sent
- No Show – NOI sent
- 45-60
- Debtor files Amended Plan to reflect any changes as a result of the 341 meeting
- Any Creditor objection to the Plan must be filed 7 days prior to the Confirmation Hearing Date.
- 65-95
- Pre-Hearing Conference to confirm the Plan.
- Confirmation Docket/Hearing to confirm the Plan.
- 70 (days after original date set for 341 meeting)
- Claims Bar Date. 70 days after the original date set for the 341 meeting is the deadline for most creditors to file a Proof of Claim (POC)
- 180
Governmental Bar Date
- Claims Bar Date. The deadline for Government Units to file a Proof of Claim. (POC)
- After the Governmental Bar Date
Trustee Recommendation Concerning Claims (TRCC) is prepared and noticed for pre-hearing date and court hearing date.
- 181-210
Objections to TRCC filed
- No response received – TRCC deemed allowed without hearing
- Response received – pre hearing and/or court hearing held on TRCC
- An objection to claim can be filed anytime throughout the plan with 33 days notice.
- Dismissal
A dismissal (an Order ending the bankruptcy before successful completion and discharge) may occur during the lifetime of a case for reasons that include but are not limited to: failure to file all required documents, to make Plan payments to the Trustee; to attend the 341 Meeting, or to provide Tax Return copies or other documents to the Trustee. Or the case can be dismissed voluntarily by the Debtor.
- Before Discharge
- Trustee notifies holder of DSO and child support State Agency of: granting of discharge, last known address of the Debtor, last most recently known address of the Debtor’s employer
- 3 to 5 years after filing
- Discharge Order after payments made and Plan completed. Discharge may not be available in some cases due to timing of discharge received in a previous case; DSO payment status; no certification of completion for Personal Financial Management course.