Saturday, January 14, 2012

How Long Is a Person in a Chapter 7 or Chapter 13 Before Discharge?

A Bucks County Chapter 7 case is generally discharged within four to five months and a Bucks County Chapter 13 usually takes a five year repayment plan to be fulfilled before discharge. On occasion, a Bucks County debtor may opt for a three year repayment plan.

Typically, in a Chapter 7 case, after the Bucks County Trustee's Hearing/341 Hearing, the Bucks County trustee will recommend a discharge. Provided a debtor completes their post-filing debtor eduction requirement, they will receive a discharge within 90 days of the hearing. At a minimum, the debtor will have to wait 60 days, as creditors have 60 days after the 341 Hearing to object to the discharge of their debt.

If the Chapter 7 Bucks County Trustee does not recommend a discharge at the hearing, they will normally "hold the case open" for a period of time. Holding a case open generally means that the Trustee has questions regarding a person's case and requires additional information. For example, I have had trustee's request "cash value statements" regarding life insurance policies, pictures of a doll collection (to make sure they were not valuable), or for additional bank statements. Normally, if the debtor is diligent about providing their Bucks County Bankruptcy Attorney with the requested documentation, a delay to discharge does not occur.

Typically, in a Chapter 13 case, if timely payments are made pursuant to the bankruptcy plan, a debtor will receive a discharge at the end of 60 months/5 years.

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