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Welcome To Mooney & Stewart, P.A.
Florida Bankruptcy Timeline
Experienced Bankruptcy Attorney
Serving Bradenton, Sarasota, Tampa, St. Petersburg
The particular timeline and process involved in a bankruptcy case will vary and it depends upon whether your case is filed as Chapter 7 or Chapter 13. In order to discuss your particular matter our firm offers a free initial consultation, but we have also included the basic timelines for bankruptcy cases in Florida.
8 Years Before Filing – In 8 years bankruptcy you must wait 8 years to file a Chapter 7 bankruptcy case if you have already received a discharge from a prior Chapter 7. In some cases, you may be allowed to file 6 years after a Chapter 13 or 12 discharges.
4 Years Before Bankruptcy – In 4 years bankruptcy you must wait at least 4 years to file for a Chapter 13 bankruptcy if you have already filed for Chapter 7, 11 or 12 previously. For a prior Chapter 13 case, you need only wait 2 years after the bankruptcy discharge.
180 Days Before Filing – In 180 Days before Filing you must pass through training from a certified credit counseling agency if you want to be eligible to file for bankruptcy.
90 Days Before Filing – For 90 days before filing it is necessary that you must be a resident in the same state in which you are filing for a at least of 90 days.
Filing – Officially tour bankruptcy case begins when you file your petition with the bankruptcy court.
15 Days After Filing – In 15 days after filing you have only 15 days after filing for bankruptcy to provide the court with particular information about the assets, expenses, liabilities, income and more. In case of Chapter 13, it is must that you also file your repayment plan within this time period.
30 Days after Filing – Chapter 7: In chapter 7 30 days after filing you must file a Statement of Intention (purpose), which basically states which, if any, debts you wish to affirm once again.
Chapter 13: Approximately 30 days after you file your refund plan with the court, you must make your first planned payment.
45 Days After Filing – In 45 days after filing the court will hold a Meeting of Creditors approximately 6 weeks after your case is filed.
180 Days After Filing – In 180 days after filing claims against you like taxes owed to the IRS, will have 180 days after the date of your petition to submit proof of their claims against you via Government agencies.
3 to 5 Years After Filing (Chapter 13 only) – Usually 3 to 5 years after the date of your first payment based off your Chapter 13 refund plan, you will get the official discharge from the court. All eligible debts will be discharged. For more details you can contact a Tampa bankruptcy attorney at our firm today. |
Types of Bankruptcy
