What's a typical time line

[Whittio]

I have been doing all the paperwork/research for my mom to file chap.7. It's pretty cut & dry. No assets, income vs. expenses are within $15 a month..

I took all the paperwork to a paralegal to look over for us. Just to be sure I have everything in order. She is going to look over everything, and have my mom sign them, and then the paralegal will file them via mail. (is that typical?)

Once this is done, what can I expect? Do we just wait for the court to give us a date for the 341 meeting? Or would that show up on Pacer? Do I sign up for Pacer before or after the 341 meeting? Mom works Tuesday - Friday, so I am assuming she is going to have to take a day off work to get to the meeting. She needs to give notice, do they give you enough time to work out the details before the meeting?

About how long from filing to finished can we expect? Thanks for any help!

[herekitty]

Sorry lazar - I'm stealing from you

The FAQ's give this timeline

Day #1
The Bankruptcy documents are filed with the Bankruptcy Court.
There is an immediate stay so that most actions by creditor are prevented, wages cannot be garnisheed, legal actions cannot be continued.

Day #14
Creditors are advised by the clerk that a petition has been filed.

Day #20-#40
A Meeting of Creditors is held at the Court ("The 341 meeting").
The debtor must attend this meeting. Creditors can attend but usually do not attend the meeting. If they attend they usually only have a few minutes to ask questions.

The trustee assigned to the case presides. The meeting is either tape recorded or recorded by a court reporter. The trustee asks you questions under oath such as:

Did you read the schedules before signing?
Did you list all of your assets?
Did you list all of your debts?
Are the schedules accurate?
Do you want to make any corrections to the schedules?
Are your cars insured?
Have you destroyed your credit cards?
The trustee either orally, or by giving the debtor written information, will ensure that the debtor is aware of:


The effect on credit history; the effect of receiving a discharge; the effect of reaffirming a debt; the ability to file a petition under a different chapter.

Note: The typical 341 meeting lasts about 4 to 5 minutes.

Day #20-30 and After
The trustee will sell any nonexempt assets available for the benefit of the creditors.
The trustee has the authority to:

pursue causes of action (lawsuits belonging to the debtor;
set aside preferential transfers made to creditors within 90 days before the petition;
undo security interests and other pre-petition transfers of property that were not properly perfected.

Day #90 (after the 341 meeting)
Unsecured creditors must have filed their claims.


Day #60-#90 (after the 341 meeting)
The debtor is discharged and all debts (with some exceptions) are written off.

More than 99% of the bankrupts are discharged.

***************
There's another post by lazar - about steps in ch7 & 13 that is very informative under FAQs. I don't know about PACER, but I would like to, someone help?

[HHM]

Basic timeline

1. Date of filing (the date the petition is filed with the BK court)
2. 341 Meeting (typically 3-5 weeks from the "Date of Filing")
3. Discharge (its supposed to happen 60 days from the "341 Meeting").

However, depending on where you are, the number of trustees and the number of filings, your discharge may take a little longer, but it never takes shorter than 60 days from the 341 Meeting.

Opps, looks like Kitty beat me to the response

[herekitty]

Hey - I just stole the information you guys LOL

[Minnymouth]

Good Questions!!!

1. Papers can be filed by regular mail (3-5 days) or electronic mail (instantly). The clerk of courts will assign a number, a judge and trustee will be appointed, and case will be issued a time for 341 meeting. All this will show up on Pacer within 3-5 days as soon as case number is given (almost instantly by electronic mail). Plus you will be notfied by mail.

You will have this date in plenty of time to make arrangements to attend.

2. 341 meeting must take place within 30-45 days of filing date unless extended by Trustee. (this would also show on Pacer if extended).

As soon as you case is given a BK case number it will show up on Pacer. Then as each proceeding is assigned it will show up almost immediately. And same with each meeting, it will show.

You can "check Pacer" by using your social security # to find you case before you get your papers in the mail.

An average Chapter 7 takes 4 months from filing date to discharge date.....(if there are not complications or creditors object).
A Chapter 13 last 3-5 years thru the court. (due to payments)

Try not to get too upset, or nervous.....it will be OKAY!!

Hope this helps,

Minny

[herekitty]

Of course that's what "should" happen - unlike Minny's case! But as she's said over and over, it's rare.

What happens if someone does object to discharge?

[Minnymouth]

Boy are we all on the ball this morning............lol

At least we are quick to respond sometimes.

Good Morning Folks!!!

Minny

[herekitty]

Tell me about it - there's little green lights all over this place!

[Minnymouth]

check Pacer at www.pacer.psc.uscourts.gov

[Whittio]

Wow.. I posted that original post, then went and fed our guinea pigs, cleaned one cage, changed water.. came back, and VOILÀ, millions of replies! Gotta love that!

I didn't even know there was a FAQ that pertained to BK questions. Usually FAQ has to do with questions on how to use the forum.. guess I should have checked there first.

This was VERY helpful. I'll get mom signed up for Pacer about a week after the papers have been filed. That will be the quickest notification.

I need to check with the court today to find out if they need a disk with the creditor matrix on it or not. Our paralegal says she sends them in with every case she files, but didn't know if we 'needed it' or not.

I also have to find out WHERE this dang court is. Mom is going to have to get down there, and I am not sure how she's going to do that. With my schedule (I home school my kids and school starts on Aug 18th) I don't know/think I will be able to help her. So it's good that we have plenty of time.

I don't think this will be a difficult case, should be one of those 2 minute meetings. I am very encouraged by all that I am reading here. Even the more difficult cases where there are assets, are being handled quickly. That's great!

[Minnymouth]

Whatever you do "make sure mom attends this 341 meeting"....
normally they will not reschedule or change....

If she "does not show up" - her case will be dismissed and she cannot refile for a certain period of time - then she will be screwed for sure!!!

Don't go to all this trouble for her - and then her "cop-out" at the meeting. DRAG HER THERE!!!!

Minny

[Whittio]

I will have to take her if I can. But they set the date right? If it's a date I can not attend, she will have to drive herself down there or find a ride or something! She is more then capable of doing this without me. And if she screws it up, it's HER that's getting screwed.

I know she'll go.. I will have to remind her continuously until the date though. :s see, I am an enabler.. I hate that about me. It's one thing to "help" someone, it's another to constantly have to do everything for someone. That's why it was good that I took those papers to the paralegal. She has to pay something for it. (money talks), and she will have to go to that ladies house and sign all the papers, not to my house. And she will also have to get all her papers in order. She has to be responsible for something right?!

[Minnymouth]

You should know your date real quick on Pacer.... then take it from there.

If you can't take her, then really remind her "this is a date you cannot miss".... or change ....

Hope she listens to your this one time!!!

The meeting will be held usually in the local federal courthouse...if you have one in your town.....thats probably where it will be.....

Minny

[Whittio]

OK, I just called the courthouse. The lady was VERY nice. Oh my, I haven't talked to court clerks that nice EVER!

I asked about sending in the diskette with the master address list on it. She said if I was filing pro se (is that what it is?) then I didn't need to send it in, but if I was having someone prepare it for us, then they needed it. Now, this is complicated because I personally prepared the forms, but am having someone look them over, and yes, we are paying her. I told this to the clerk and her answer was, "we won't deny it if it isn't included". SO.. that was nice, and no, we don't have to send it in.

I also asked about the court location. Unfortunately, it's in DOWNTOWN SACRAMENTO. whew.. this ought to be fun. We are country folks, not used to big cities! But oh well.. a girls gotta do what a girls gotta do.

She also said to send a self addressed stamped envelope so that they can return the 2 copies to us. She said 99% of the time, if it isn't included, they'll send them back to us anyway. So I just got an envelope together with a stamp and everything. I'll have mom take that to the paralegal when she takes the cover letter for the creditor matrix.

I think all my bases are covered. I think we're set to go as soon as mom signs those papers and the paralegal sends them in! Yippee.. I am glad I am at least this far! And so quickly too.

I had an argument with my dad the other day, he is adamant that there's no way mom will get these cards discharged. I told him he doesn't know what he's talking about, that it WILL happen. I asked him to take a $100 bet on it, (he chickened out).. he said it would cost $4000 to get this done and I can't do it myself. Well, we'll just show him won't we! HA-HA! I can't wait to see the look on his face when he hears the outcome. He's an A**. ;)

[Minnymouth]

Thats a lot of "men" some think women can't do anything.....

DUH, Me, I handle all my legal affairs with the support of a lady attorney if I need one....lol

My BK lawyer was a man - caught him with his "pants down" when he didn't know info about my case and I did....looked bad on him, lol

You go Girl........Yeah, some so-called Dad's are the pits.....had one at my house...... He considered me stupid - till I was the one he needed to get him out of "jail"......DUH.....LOL

Hang in there

Minny