How Long Does It Take to File Chapter 13 Bankruptcy?
April 15, 2025
If you are a consumer who is dealing with debt, there are two potential ways that you may obtain some protection and a potential fresh start through the bankruptcy process:
- Chapter 7 bankruptcy is liquidation in which you surrender certain non-protected assets in exchange for a complete discharge of your debt when the process is completed. There are strict means tests that do not allow everyone to qualify for this form of bankruptcy.
- Chapter 13 bankruptcy is a reorganization in which you would need to make payments on your debt over time. At the conclusion of the process, you would receive a discharge from your debt.
You may not necessarily have a choice about which means of bankruptcy you pursue. You may not even meet the requirements for a liquidation. If you do however, you may opt against it because you would have to surrender a certain property. Your bankruptcy lawyer may advise you which option works best for you.
Chapter 13 Is a Lengthier Process
A Chapter 13 bankruptcy may be a lengthier process than a liquidation. Here, you are agreeing to a payment plan that would allow you to deal with your debt over time. Even once your plan has been approved by the court, it will still take several years for you to complete the required steps.
The Chapter 13 bankruptcy process begins when you file your case with the court. Hopefully, you have taken the necessary steps to prepare. When you file a Chapter 13 bankruptcy, you would need to come to the court with your own plan to pay your debt. Preferably, you should work with an experienced bankruptcy lawyer on this plan to make it a realistic one that the court would approve.
The Steps Involved in a Chapter 13 Bankruptcy
You would need to complete the following steps before your Chapter 13 plan is approved by the court:
- Prepare your Chapter 13 reorganization plan and file it with the court to open your bankruptcy process
- Complete any steps prescribed by the bankruptcy trustee who was appointed to your case
- Begin to make payments on the plan that you have proposed to the court
- Attend a Section 341 meeting with your creditors and the trustee
- Address any objections that have been raised to your proposed plan
- Attend a confirmation hearing in which the court would decide whether to approve your plan
There are some deadlines that have been built into your case by statute. For example, the creditor’s meeting would be held within 21 to 50 days after you have filed the bankruptcy petition with the court. The confirmation hearing will be held no more than 45 days after you have had your Section 341 meeting. Thus, there would be a finite amount of time until the court would issue a substantive decision about whether you could get Chapter 13 bankruptcy protection.
The exact amount of time it would take to go through Chapter 13 bankruptcy depends on your plan. You may have more debt, and less income to repay it, which means that it could take longer. Even from the time that the court approves your petition, it would still take at least three years for the bankruptcy process to be completed. Issues may arise along the way that could shorten or lengthen the timeframe.
The general amount of time that it would take to receive a bankruptcy discharge in the Chapter 13 process is roughly five years. There are some circumstances in which the process could be completed more quickly than that. For example, depending on the Chapter 13 plan, some debtors may be through the bankruptcy process in as little as three years.
Contact the Baltimore Bankruptcy Lawyers at LeViness, Tolzman & Hamilton Today for Your Questions and Concerns About Filing Bankruptcy
If you are struggling with your finances and feel that you are out of options, get legal help from the Baltimore bankruptcy lawyers at LeViness, Tolzman & Hamilton. You can schedule a free consultation with one of our bankruptcy lawyers by calling us today at 800-547-4LAW (4529) or by contacting us online.
We have offices in Baltimore and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.