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The most important factor to determine how long your bankruptcy takes is based upon the chapter of the bankruptcy code you file under. The Law Offices of Lin & Wood will usually draft and file your petition for bankruptcy approximately 10 - 14 days after we receive the documents from you we need and we receive payment of attorney fees. See our Chapter 7 Timeline and Chapter 13 Timeline for the steps necessary to receive a discharge of your debts in a chapter 7 and chapter 13 case.
Chapter 7 Bankruptcy Case
A common or simple no asset chapter 7 case will last from the date the bankruptcy case is filed approximately three to four months. The beginning is the date the case is filed and the end is the bankruptcy court entering the order discharging your debts and closing the case. If we file your case on 9/1/2011, the meeting of the creditors is scheduled for 30-45 days after the date the case is filed. If the meeting of the creditors schedule for 10/15/2011 then the earliest the court can enter the order of discharge and final decree is 12/15/2011. The bankruptcy code allows the people you owe money to 60 days to make the argument that the debt owed to them should not be discharged in the bankruptcy case.
Chapter 13 Bankruptcy Case
The filing and completion of a chapter 13 case is much more complicated than a chapter 7 bankruptcy case. The first step in a chapter 13 case is getting the chapter 13 plan recommended for confirmation or approval by the chapter 13 trusteeâ€™s office and confirmation by the court. Depending upon the complexity of the case this can take quite a long time. The actual length of the chapter 13 plan is determined by the bankruptcy code. The maximum length of a chapter 13 plan of reorganization is 60 months at the time of confirmation. If your gross income is over the median income for the number of people in your household, the chapter 13 plan of reorganization is supposed to be 60 months or five years. If your income is less than the median income for the number of people in your household then the chapter 13 plan can be 36 months or three years.
With offices in Redwood City, San Francisco, San Jose, Fremont and Oakland we represent clients throughout the Bay Area including San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and Union City.