{"id":286973,"date":"2021-01-11T11:59:28","date_gmt":"2021-01-11T16:59:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/bankruptcy\/what-is-bankruptcy\/what-happens-when-you-file-for-bankruptcy.html"},"modified":"2026-07-10T16:47:00","modified_gmt":"2026-07-10T21:47:00","slug":"what-happens-when-you-file-for-bankruptcy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/what-is-bankruptcy\/what-happens-when-you-file-for-bankruptcy.html","title":{"rendered":"How Long Does It Take to File for Bankruptcy?"},"content":{"rendered":"\n
\n

What Happens When You File for Bankruptcy?<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

The duration of the bankruptcy process depends on the type of bankruptcy filed. A Chapter 7 liquidation typically takes four to six months. A Chapter 13 restructuring takes three to five years.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Once you decide to file bankruptcy<\/span>, you just want it to be over. It\u2019s not easy when creditors are breathing down your neck, and you\u2019re worried about the bank repossessing your car. The good news is that bankruptcy<\/a> will give you the fresh start<\/span> you need. However, depending on which chapter you file, it can take anywhere from four months to five years to complete your bankruptcy case<\/span>.<\/p>\n

Generally, a Chapter 7 bankruptcy<\/span><\/a>\u00a0case<\/span> takes about four to six months to complete. Of course, some cases take longer than others, depending on how complex the person\u2019s financial situation<\/span> is. Even in cases involving tremendous debts and assets, a Chapter 7 liquidation bankruptcy<\/span> shouldn\u2019t take more than six months.<\/p>\n

If you\u2019re contemplating filing a Chapter 13 bankruptcy<\/span><\/a>, it will take a lot longer to resolve your case. This is because your Chapter 13 repayment plan<\/span> will take three to five years, regardless of how simple or complicated your case may be.<\/p>\n

Here, we will explain how the bankruptcy timeline<\/span> works for both Chapter 7 and Chapter 13 bankruptcy<\/span>. We will also discuss things that can delay your bankruptcy discharge and what you can do to avoid these delays.<\/p>\n

If you\u2019re thinking of filing a Chapter 7 or Chapter 13 <\/span>bankruptcy<\/span> case<\/span>, you should contact an experienced bankruptcy attorney<\/span><\/a> right away. They\u2019ll help you file your bankruptcy petition<\/span> and ensure that the trustee treats you fairly.<\/p>\n

Bankruptcy Timeline<\/span> Overview<\/h2>\n

The length of time it takes to complete your bankruptcy case<\/span> depends on the type of bankruptcy<\/span> you file. Chapter 7 <\/span>bankruptcy cases<\/span> generally take a lot less time than a Chapter 13 case<\/span>. In fact, there\u2019s a good chance you may receive your bankruptcy discharge in less than six months.<\/p>\n

A Chapter 13 bankruptcy<\/span>, on the other hand, takes anywhere from three to five years. The process starts once you file your case.<\/p>\n

The reason a Chapter 13 takes so much longer to complete is that you must finish your repayment plan<\/span><\/a> before the court can discharge your case. Depending on your income and how much you owe your creditors, the trustee will approve a payment plan<\/span> of three to five years.<\/p>\n

The general rule is: if you earn less than your state\u2019s median income level, the trustee will approve a three-year repayment plan<\/span>. If your income falls above the median household income, the court will require a five-year repayment plan<\/span>.<\/p>\n

The reason for the longer Chapter 13 plan is that people who earn more than the average family should contribute more toward their debts than someone who earns less than the state median income.<\/p>\n

Before You File Your Bankruptcy Case<\/span><\/h2>\n

Before you file your bankruptcy petition<\/span>, you must first determine which type of bankruptcy<\/span> you plan to file<\/a>. This decision will come down to your income, the types of debts you owe, and the amount of your total debt.<\/p>\n

To file a Chapter 7, you must pass something called the \u201cMeans Test<\/a>.\u201d This test requires that you demonstrate to the court that you earn less than your state\u2019s median household income. If you pass this test, you can submit your Chapter 7 bankruptcy petition<\/span>.<\/p>\n

If you earn more than the median income, you can still file a Chapter 7. However, you must show that your disposable income is less than that amount. Your disposable income is what you have left once you subtract your basic household bills.<\/p>\n

To qualify for a Chapter 13, your income is not that important. However, you must submit financial documents<\/span> showing that your unsecured and secured debts<\/span> are less than the maximum limits<\/a>. As of 2026, the maximum amount of unsecured debt<\/span> you can have to qualify for Chapter 13 is $526,700, and you cannot have more than $1,580,125 of secured debt<\/span>.<\/p>\n

If you owe less than these amounts, you should have no problem filing a Chapter 13 <\/span>bankruptcy<\/span> case<\/span>. The only other requirement is that you have sufficient regular income to afford a reasonable monthly payment plan<\/span>.<\/p>\n

You Must Attend Mandatory Credit Counseling<\/h3>\n

Before you file either type of bankruptcy<\/span>, you must attend a credit counseling course<\/span> from an approved provider<\/a>. When you submit your bankruptcy petition<\/span>, you must attach a copy of your Certificate of Completion.<\/p>\n

To count toward your bankruptcy filing<\/span>, you must complete your credit counseling course<\/span> within 180 days of the filing date. If it has been longer than 180 days, you must retake the course and secure a new certificate.<\/p>\n

Gathering the Necessary Documentation<\/h3>\n

Before you submit your petition to the bankruptcy court<\/span>, you must gather all the necessary documentation<\/a>. Regardless of the type of bankruptcy<\/span> you choose, you must provide the trustee with certain documents.<\/p>\n

There is a significant amount of information you must provide with your bankruptcy petition<\/span>, including but not limited to the following:<\/p>\n