During your case
What happens in the first days after filing Chapter 7 or Chapter 13?
After filing Chapter 7 or Chapter 13, the automatic stay starts at once and stops most collection without any hearing. The clerk notifies the creditors you listed, a trustee is appointed, and a meeting of creditors is set: 21 to 40 days after filing in Chapter 7, or 21 to 50 days in Chapter 13. Your part in those weeks is paperwork, documents for the trustee and the debtor education course.1 2 3
Get the Pro Se GuideThe first weeks of a case are mostly quiet, but several things start at once and a few deadlines begin to run. Here is what to expect and what is yours to do.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
What stops when you file?
Filing the petition triggers the automatic stay. It arises by operation of law and needs no action by a judge. While it is in effect, creditors generally may not start or continue lawsuits, wage garnishments or even telephone calls demanding payment.4 1
The stay also covers attempts to repossess property and to enforce liens.5
If a creditor keeps going after it knows about the case, the law is on your side. An individual injured by a willful violation of the stay is entitled to recover actual damages, including costs and attorneys' fees.5
What keeps going despite the stay?
Some things are outside the stay or untouched by it.
- Criminal cases, and cases to set or change child support.5
- New debts. A discharge only applies to debts that arose before the date you filed.7
- In Chapter 13, your regular mortgage payments. You must still make, on time, the payments that come due during the plan.2
- Repeat filings get less protection. If you had a case dismissed in the past year, the stay generally ends after 30 days unless the court extends it.5
Who is notified, and who runs the case?
The bankruptcy clerk gives notice of the case to all creditors whose names and addresses you provided. That is one reason the creditor list has to be complete.1
A trustee is appointed. In Chapter 7 the trustee administers the case and sells nonexempt assets, if there are any. In Chapter 13 the trustee reviews the case, collects your plan payments and pays creditors.1 2
The trustee is not responsible for giving you legal advice. You are required to cooperate with the trustee and to hand over the property of the estate and the records that relate to it.7 8
You may never meet the judge. A typical Chapter 7 debtor does not appear in court unless an objection is raised, and a Chapter 13 debtor may only have to appear at the plan confirmation hearing.9
Which deadlines fall in the first weeks?
These are the general deadlines. Your court's notice and the trustee's instructions give the actual dates for your case.
| When | What is due |
|---|---|
| Within 14 days after filing10 11 | Any schedules and statements you did not file with the petition |
| Within 14 days after filing, in Chapter 1312 2 | The repayment plan, unless the court grants an extension |
| Within 30 days after filing, in Chapter 132 | Your first plan payment to the trustee, even if the plan is not yet approved |
| 30 days after filing or the date of the meeting of creditors, whichever is earlier, in Chapter 78 | The statement of intention for property that secures a debt, such as a car |
| At least 14 days before the 341 meeting13 8 | Identification, proof of current income and bank statements, sent to the trustee |
| At least 7 days before the first date set for the 341 meeting13 8 | A copy of your most recent federal income tax return, or a transcript |
| By 45 days after filing8 | The outer limit for the required lists, schedules and statements. If they are still missing, the case is automatically dismissed on the 46th day, unless the court allowed more time |
| Within 60 days after the first date set for the 341 meeting, in Chapter 711 | The debtor education certificate |
What is the meeting of creditors?
The meeting of creditors, also called the 341 meeting, is required. It is not a court hearing and no judge is present. A trustee runs it, and you answer questions under oath about your paperwork, property, debts, income and expenses. Almost all of these meetings are now held by Zoom.13
You must attend, and spouses who filed together must both attend. You will need government-issued photo ID and proof of your Social Security number.1 13
The trustee is required to ask questions that make sure you understand the consequences of seeking a discharge, such as the effect on your credit history.1
What should you avoid while the case is open?
A few moves can cost you the discharge or the case.
- Hiding, transferring or giving away property, or destroying records. These are grounds for denying a Chapter 7 discharge.6
- Keeping quiet about property you become entitled to. Knowingly failing to report or hand over property of the estate is a ground for revoking a Chapter 7 discharge, even after it is granted.14
- Waiting too long on a car loan you want to keep. A reaffirmation agreement must be made before the discharge.16
What comes after the meeting?
In a typical Chapter 7 case, the discharge order is issued about 60 to 90 days after the date first set for the meeting of creditors.1
If all of your assets are exempt or subject to valid liens, the Chapter 7 trustee normally files a no asset report and unsecured creditors receive no distribution. The federal courts say most Chapter 7 cases involving individual debtors are no asset cases.1
In Chapter 13, the judge must hold a confirmation hearing on your plan no later than 45 days after the meeting of creditors. Creditors receive 28 days' notice of the hearing and may object.2
In either chapter, take the debtor education course early. It is a separate course from the credit counseling you did before filing, and it is generally required to receive a discharge.3
Common questions
Will I see a judge?
Usually not in Chapter 7, unless an objection is raised. The only formal proceeding a debtor usually must attend is the meeting of creditors, and no judge is present there.9 13
What if a creditor keeps calling after I file?
Collection calls are acts to collect that the automatic stay covers. An individual injured by a willful violation of the stay is entitled to recover actual damages.5
Sources
Official courts & government references- Chapter 7 - Bankruptcy Basics (uscourts.gov)
- Chapter 13 - Bankruptcy Basics
- U.S. Trustee Program: Credit Counseling & Debtor Education Information
- Glossary of Legal Terms (uscourts.gov)
- 11 U.S. Code § 362(a)(3), (a)(6) (Cornell LII)
- Discharge in Bankruptcy - Bankruptcy Basics (uscourts.gov)
- U.S. Trustee Program: Bankruptcy Information Sheet
- 11 U.S. Code § 521(a)(3), (a)(4) (Cornell LII)
- Process - Bankruptcy Basics (uscourts.gov)
- Instructions: Bankruptcy Forms for Individuals (uscourts.gov)
- Federal Rules of Bankruptcy Procedure, Rule 1007(c)(1) (Cornell LII)
- Federal Rules of Bankruptcy Procedure, Rule 3015(c)(1) (Cornell LII)
- U.S. Trustee Program: Section 341 Meeting of Creditors
- 11 U.S. Code § 727(d) (Cornell LII)
- 11 U.S. Code § 1307(c) (Cornell LII)
- 11 U.S. Code § 524(c)(1), (c)(4) (Cornell LII)