Are you thinking about filing bankruptcy but worried it will take forever, or worse, that it won’t stop garnishments in time? You’re not alone. Many people feel overwhelmed by debt and wonder how long the bankruptcy process really takes.
Step One: Free Consultation
The process begins with a free consultation. It takes about 20 to 30 minutes, during which we review your financial situation, answer your questions, and help you decide the best path forward.
If you choose to move forward, we’ll give you the paperwork and set you up on a payment plan that works for you. Once you’ve completed payments, we’ll prepare your case for filing. Until your case is officially filed, however, garnishments and collection calls can continue, so acting quickly is important.
Step Two: Signing Your Bankruptcy Petition
Next, you’ll meet with us to sign your bankruptcy petition. This is a detailed, 65-page document that you’ll sign under oath. The appointment usually takes about an hour and is a major milestone. Once your petition is signed, you’re ready to file.
Step Three: Meeting of Creditors
After filing, you’ll attend a meeting of creditors within 30 to 45 days. Don’t worry, this meeting is done by Zoom, usually lasts less than an hour, and involves answering straightforward questions about your finances. We’ll be right there with you during the process.
Step Four: Discharge of Debts
- Chapter 7 Bankruptcy: If everything goes smoothly, you’ll receive a discharge of your debts within 60 to 90 days after the meeting of creditors. Before discharge, you’ll also complete a brief financial management course, which we’ll guide you through. In total, Chapter 7 typically takes about 4 to 6 months.
- Chapter 13 Bankruptcy: This process takes longer, between 3 to 5 years, because it involves a court-approved repayment plan. The good news is that you’ll still get immediate protection from garnishments and foreclosures, even though your discharge comes later.
Step Five: Credit Repair and Moving Forward
Once your discharge is complete, we’ll connect you with a credit repair expert to make sure everything has been properly updated. This helps you rebuild your financial foundation and take advantage of your fresh start.
What Can Delay Bankruptcy?
Sometimes cases take longer. If a creditor objects, if your case is more complex, or if the court’s calendar is backed up, you may experience delays. The good news is that most of these hiccups can be avoided by staying on top of deadlines and maintaining open communication with your attorney.
The Bottom Line: The Sooner You Start, the Sooner You Get Relief
For Chapter 7, the process typically takes 4 to 6 months. For Chapter 13, it lasts several years, but protection starts almost immediately. The truth is, the sooner you start, the sooner you can stop garnishments and harassing calls. At Chris Mudd & Associates, PLLC, we’re here to guide you every step of the way with compassion and clarity. If you’re ready to take control of your financial future, schedule your free consultation today. And remember what my father always said: If you don’t call, we can’t help you.