How Long Before Debt is Discharged After Bankruptcy?

A bankruptcy discharge varies for each type of case--Chapters 7, 11, 12 or 13. The length of time it takes for debt to be discharged in all cases other than Chapter 7 is determined by the length of your individual repayment plan. In a typical Chapter 7 case, your debts will be discharged three to four months after you file your petition.

Automatic Stay

When you file your Chapter 7 petition, an order for relief, commonly known as the automatic stay, is in force. A few days after you file, a notice of your filing is mailed to your creditors; this stops most creditors and collection agencies from contacting you. In some circumstances, such as divorce or tax proceedings, creditors can file to have the automatic stay lifted.

341 Meeting

You will be required to attend a meeting of your creditors; it's called a "341 meeting" after the section in the bankruptcy code. The meeting usually occurs 20 to 40 days after you file your petition and is the only personal appearance most filers make. It is a simple process, and creditors rarely show up.

Debtor-Education Class

Within 45 days of the 341 meeting, you are required to complete a debtor-education class, which is a one-time, two-hour instructional course in personal financial management. If you fail to do so, your bankruptcy petition may be dismissed.

Discharge

Between 60 and 90 days after your 341 meeting, or 80 to 130 days after you filed your Chapter 7 bankruptcy petition, you will receive a notice of discharge in the mail from the court, which all your creditors also receive. This discharge releases you from personal liability for most debts--in most cases, all debts.

Tip

You don't need bankruptcy to stop your creditors from contacting you. Federal law prohibits debt collectors from doing this once you tell them, in writing, that you don't want to be called. Once the collectors receive your letter, they may contact you only to tell you there will be no further contact or to let you know that they intend to take a specific action, such as filing a lawsuit.