Bankruptcy Timeline

In Florida, there are numerous critical dates involved in a Chapter 7 bankruptcy case. Below is a brief timeline of the entire bankruptcy process under this Chapter.

1. First consultation with Van Riper & Nies Attorneys, P.A.:
   1. If you are thinking about bankruptcy, the first step is to meet with our bankruptcy lawyers. We have offices in Stuart, West Palm Beach, Delray Beach, Boca Raton and Deerfield Beach. We will analyze your finances and conduct the means test (CYNTHIA, LINK TO THE MEANS TEST PAGWE) to determine if you qualify for filing a Chapter 7 bankruptcy case.
2. 180 days before filing your bankruptcy case:
   1. You must attend credit counseling with a court-approved company. Our law firm paralegals will advise where you may take such courses.
3. Filing your case:
   1. After obtaining all necessary information and documentation, our attorneys will file your Chapter 7 bankruptcy petition.
   2. The Bankruptcy Court enters an automatic stay, which stops all collections efforts and lawsuits against you. The court will notify your creditors that you have filed for bankruptcy.
4. Approximately 30 days after filing:
   1. A Statement of Intention is filed with the Bankruptcy Court advising the Court whether you are requesting to keep property that is considered collateral for loans (for example, your motor vehicle). Here, you will either reaffirm the debt and make payments, or you can redeem the property by paying the fair market value for it. The Court must approve.
5. About four to five weeks after filing:
   1. You will attend a Creditors’ Meeting, also called a 341 Meeting of Creditors, which is an informal meeting and oftentimes lasts less than 20 minutes. A Trustee will ask some questions of you at this meeting. Creditors have 60 days after the meeting to object to the discharge of debts

Four to five months after filing: After the Creditors’ Meeting, the legal system proceeds and our lawyers handle most issues, if any even arise. In most cases, you will receive a final discharge from the bankruptcy court within typically four to five months after filing. The discharge is the legal decree that says creditors are no longer allowed to collect on a particular debt. Creditors and other interested parties can object to the discharge within 60 days of the first Creditors Meeting. If no one objects, the discharge is usually entered very shortly after the running of the deadline.