TIME LINE FOR A CHAPTER 13 CASE

Below is a basic time line for a typical Chapter 13 bankruptcy case.  This time line does not include all of the minor deadlines and events that make up a Chapter 13 case, but it does list all of the major events.  A competent Utah bankruptcy attorney will be able to assist the debtor throughout this entire process.

  • Pre-filing Credit Counseling Class—This is a basic credit counseling class that must be taken prior to the filing of the case.  This class in usually taken online or over the phone but can be taken in person as well. 
  • Petition Date—This is the date the debtor files the bankruptcy case with the Bankruptcy court.  The debtor is required to file all of the required documents and schedules with the Court or the case may be dismissed.  A Chapter 13 trustee is assigned to the case.  Once the case is filed, all creditors must immediately stop all collection activities against the debtor. 
  • Post-petition Personal Financial Management Course—This is a class that the debtor needs to take after the bankruptcy petition has been filed.  This class also needs to be taken before the last Chapter 13 plan payment is made. If the debtor fails to take this class on time the Chapter 13 will NOT be discharged.  This class is usually taken online or over the phone, but it too can be taken in person.
  • Notice of 341 Meeting Mailed to Creditors—Approximately 10-14 days after a case is filed, the Bankruptcy court mails notice that the bankruptcy case was filed and notice detailing where and when the 341 Meeting will take place.  This notice is mailed to all the creditors that were listed in the debtor’s bankruptcy schedules.  The debtor’s Chapter 13 plan is also mailed with the notice of 341 Meeting.
  • 341 Meeting—This meeting occurs approximately 30-45 days after the petition date.  This is also called the Meeting of Creditors.  It is conducted by the Chapter 13 trustee and the debtor is required to attend the meeting.  The debtor’s attorney also attends the meeting with the debtor.  It is important that the debtor comply with all of the Chapter 13 trustee’s requests and objections in a reasonable manner.  Generally the debtor’s Utah bankruptcy attorney assists the debtor in complying with all of the trustee’s objections as well as any creditor’s objections that are filed in the case.
  • Confirmation Hearing—About one month after the 341 Meeting, there is a confirmation hearing scheduled in the bankruptcy court before the bankruptcy judge that is assigned to the debtor’s case. At this hearing the judge decides whether or not to confirm or approve the debtor’s Chapter 13 plan.  Most plans are confirmed but some plans may need to be amended in order to reach final confirmation.
  • Plan Payments—In Chapter 13 cases, the debtor is required to make Chapter 13 plan payments that last 36-60 months.  The first payment is due around the time of the 341 Meeting and the rest of the payments are due on a set date each month thereafter.
  • Review of Creditor’s Proof of Claims—Each creditor in the debtor’s case is invited to file a proof of claim with the Court.  The Chapter 13 trustee will only pay creditors who have filed proof of claims with the court. The creditors only have a set number of days after the filing of the petition in order to file these claims.  After the due date for proof of claims has passed, the debtor and the Chapter 13 trustee review the claims that have been filed with the court.
  • Discharge—A bankruptcy discharge is granted after the debtor’s final plan payment has been made.  The debtor must adhere to all of the plan requirements and must certify that certain conditions have been met in order to obtain a Chapter 13 discharge.
  • Closure of the Case—After the discharge is granted and the Chapter 13 trustee files a final report in the case, the case is closed.

 

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Justin M. Myers

Justin M. Myers Attorney-At-Law, LLC

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