The following deadlines and calculator will help you compute the time periods specified in the Federal Rules of Civil Procedure, local rules, or statutes related to Chapter 7 & 13 bankruptcy.
PLEASE NOTE THESE DEADLINES CAN CHANGE WITHOUT NOTICE. This information is educational only and does not constitute legal advice. You must confirm with current law and/or counsel.
| TIME LINES | CHAPTER 7 | CHAPTER 13 | DATE |
|---|---|---|---|
| 10 years Before Filing Bankruptcy | NON-EXEMPT PROPERTY CONVERTED TO EXEMPT: The value of non-exempt property that Debtor contributed to the homestead, coop, or burial plot (to hinder, delay, or defraud a creditor) shall not be protected as exempt. §522(o). Trustee may avoid transfers made to trust if done so with intent to hinder/defraud. §549(e) | NON-EXEMPT PROPERTY CONVERTED TO EXEMPT: Same limitation; trustee may avoid transfers to hinder or defraud. §§522(o), 549(e) | (Filing date - 10 years) |
| 10 years Before Filing Bankruptcy | LIMITATION ON HOMESTEAD: Homestead interest not exempt if it’s attributable to non-exempt property disposed of with intent to hinder/delay/defraud within 10 years. §522(o) | Same homestead limitation if acquired via fraudulent transfer. §522(o) | (Filing date - 10 years) |
| 5 Years Before Filing | HOMESTEAD EXEMPTION: limited if criminal act or willful/reckless misconduct caused severe injury or death within 5 years. §522(q)(1) | Same. Homestead exemption limited if wrongdoing. §522(q) | (Filing date - 5 years) |
| 1215 Days Before Filing | HOMESTEAD EXEMPTION: limited if interest acquired during 1215-day period before petition. §522(p)(1) | Same 1215-day limit for newly acquired homestead. §522(p)(1) | (~3 yrs 4 mos pre-filing) |
| 8/6/4/2 Years Before Filing Bankruptcy | PRIOR BANKRUPTCY PREVENTS CH. 7: No discharge if prior Ch.7 filed within last 8 years. Possible exceptions if prior was Ch.12/13 older than 6 years. 11 U.S.C. §727(a)(8)&(9) | PRIOR BANKRUPTCY PREVENTS CH. 13: No discharge in Ch.13 if prior discharge in a 7, 11, or 12 within last 4 years, or a Ch.13 in last 2 years. 11 U.S.C. §1328(f) | (Check from prior filing date) |
| 3 Years, 4 Months Before Filing | HOMESTEAD LIMITATION (McNabb): Debtor may not exempt equity above certain amount if acquired within 3y4m. Time limit doesn’t apply if transferred from prior residence in same state. §522(p) | Same. Must file statement if §522(q)(1)(A) or (B) applies. | (Filing date - 3y,4m) |
| 910 Days Before Filing | CRAM-DOWN: Cannot cram-down purchase money interest in a personal use vehicle if purchased within 910 days pre-filing. §1325(a)(9) | (Filing date - 910 days) | |
| 910 Days Before Filing | LOCATION OF DOMICILE: Used to determine exemptions if domicile not in single state for first 730 days. §522(b)(3)(A) | Same rule for domicile to determine correct state’s exemptions. §522(b)(3)(A) | (Filing date - 910 days) |
| 730 Days Before Filing | DEBTOR’S DOMICILE DETERMINES EXEMPTIONS: Must have lived in state for 2 years or apply prior rule. §522(b)(3) | Same. If no single state for 730 days, use the 180-day look-back. §522(b)(3) | (Filing date - 730 days) |
| 720 Days Before Filing | EDUCATIONAL IRA: Funds of certain amount placed in education IRA between 720–365 days are excluded. §541(b)(5)(C) | Same rule. §541(b)(5)(C) | (Filing date - 720 days) |
| 720 Days Before Filing | STATE TUITION CREDIT: funds used to purchase credit between 720–365 days excluded from estate. §541(b)(6)(C) | Same rule for state tuition credits. §541(b)(6)(C) | (Filing date - 720 days) |
| 2 years Before Filing | FRAUDULENT TRANSFER: Transfer, concealment, or destruction of property can prevent discharge if done w/ intent within 1 year. Trustee may recover if transfer less than 2 yrs. §§727(a)(2), 548(a) | Similar fraudulent transfer concerns in 13. Real property stay exceptions if in rem order within 2 yrs. §§362(b)(20), (d)(4) | (Filing date - 2 years) |
| 1 Year Before Filing | PREFERENCE: Payment to insider within 1 year can be recovered by trustee. 11 U.S.C. §547(b)(4)(B) | PREFERENCE: Same rule. Possibly cured in plan by paying more. 11 U.S.C. §547(b)(4)(B) | (Filing date - 1 year) |
| 1 Year Before Filing | CRAM-DOWN: Possibly prohibited for non-auto purchase money if incurred within 1 year. §1325(a) | (Filing date - 1 year) | |
| 1 Year Before Filing | AUTOMATIC STAY EXCEPTIONS: If multiple prior dismissals in last 1 year. §§362(c)(3)(A),(4) | Same. Automatic stay may not apply or ends in 30 days. §§362(c)(3),(4) | (Filing date - 1 year) |
| 1 Year Before Filing | EDUCATIONAL IRA: Funds placed within 365 days excluded. §541(b)(5) | Same. §541(b)(5) | (Filing date - 1 year) |
| 362 Days Before Filing | STATE TUITION CREDIT: Funds used for state tuition credit within 365 days excluded. §541(b)(6) | Same rule. §541(b)(6) | (Filing date - ~1 year) |
| 6-month Period Before Filing | MEANS TEST: current monthly income is average of last 6 months. §101(10A) | Same for determining “Current Monthly Income.” §101(10A) | (Check last 6 months pre-filing) |
| 180 days Before Filing | DISMISSAL OF PRIOR BANKRUPTCY: If dismissed in the preceding 180 days for willful noncompliance, cannot refile. 11 U.S.C. §109(g) | Same rule in Chapter 13. §109(g) | (Filing date - 180 days) |
| 91 days Before Filing | MINIMUM RESIDENCY REQUIREMENT: Must be resident for at least 91 of last 180 days. 28 U.S.C. §1408 | Same requirement in Chapter 13. 28 U.S.C. §1408 | (Filing date - ~3 months) |
| 90 Days Before Filing | PREFERENCES: Avoidance of payments within 90 days. §547 | PREFERENCES: Same 90-day window for non-insider creditors | (Filing date - 90 days) |
| 90 Days Before Filing | LUXURY GOODS: charges of certain amount within 90 days presumed nondischargeable. §523(a)(2)(C) | Same for Chapter 13. §523(a)(2)(C) | (Filing date - 90 days) |
| 90 Days Before Filing | CREDITOR’S ADDRESSES & ACCT #s: Must use address/number from communications within 90 days. §342(c)(2)(A) | Same. Failure to use correct address can cause issues. §342(c)(2)(A) | (Check recent statements) |
| 70 Days Before Filing | CASH ADVANCES: of certain amount within 70 days presumed nondischargeable. §523(a)(2)(C) | Same rule. §523(a)(2)(C) | (Filing date - 70 days) |
| 1-180 days Before Filing | CREDIT COUNSELING COURSE: Must be taken within 180 days prior to petition. 11 U.S.C. §§109,111 | Same requirement in Chapter 13. 11 U.S.C. §§109,111 | Must file certificate with petition |
| PETITION FILING DATE DEBT LIMITS: No debt limits in Ch.7, but Chapter 13 has 109(e) limits. | COMMENCEMENT OF CASE: Filing the voluntary petition commences Chapter 7. Automatic stay applies unless prior cases filed. Must also file SSN, credit counseling cert, etc. | COMMENCEMENT OF CASE: Filing petition begins Chapter 13. Automatic stay (limited if prior filings). Must meet debt limits of 109(e). | (Day you file petition) |
| NOTE: Property of the Estate | Almost everything you own is part of the bankruptcy estate, except certain IRA funds, educational IRAs, tuition credits, etc. §§541(b)(5)&(6) | Same concept; Ch.13 does not remove from estate but some items not counted as disposable income. | |
| File With the Petition | STATEMENT OF CURRENT MONTHLY INCOME & MEANS TEST: If primarily consumer debts. 707(b)(2). Must include allowed expenses, etc. | STATEMENT OF CURRENT MONTHLY INCOME & CALCULATION OF DISPOSABLE INCOME: If income exceeds median, must do form. 707(b)(2). | |
| IMPORTANT NOTE | If a trustee’s sale or foreclosure is pending, record a Notice of Bankruptcy in the county immediately. | Same recommendation to alert real property sale processes. | |
| NOTE: | DOMESTIC SUPPORT OBLIGATIONS: Trustee must notify domestic support creditors; at discharge must give last known address, etc. | ||
| 5 Days After Filing Petition | DEADLINE TO FILE MASTER MAILING MATRIX: Must be filed or case is dismissed. | Same requirement in Chapter 13. | (Petition + 5 days) |
| 5 Days After Filing Petition | STATEMENTS OF SOCIAL SECURITY NUMBER: By day 5 or case may be dismissed. | Same. Must file statement of SSN promptly. | (Petition + 5 days) |
| 5 Days After Filing Petition | CREDIT COUNSELING CERTIFICATE: Must be filed or case is dismissed. §109(h) | Same. Must file certificate or case is dismissed. | (Petition + 5 days) |
| 10 Days After Filing Petition | PRESUMPTION OF ABUSE NOTICE: Clerk notifies if presumption arises. Rule 5008 | (Petition + 10 days) | |
| 15 Days After Filing Petition Conflict in local rules | DEADLINE TO FILE SCHEDULES/STATEMENTS:Usually 15 days, but automatic dismissal if not within 45 days unless extended. §521(i)(1). Also local rule requires actual order for dismissal. | Same in Chapter 13. Must file schedules, statements by day 15. Also plan typically by day 14. Fed.R.Bankr.P. 3015(b) | (Petition + 15 days) |
| 14 Days After Filing Petition | PAY ADVICES (pay stubs): Must file all pay stubs from last 60 days or statement explaining. | Same. Must file evidence of payment or face dismissal. | (Petition + ~14 days) |
| 14 Days After Filing Petition | DEADLINE: Statement of Current Monthly Income & Means Test | Same requirement in Ch.13. Clerk’s Notice, Interim BK Rule 1007(c) | (Petition + 14 days) |
| 14 Days After Filing Petition | CERTIFICATE of Debtor’s Receipt of §342(b) Notice | Same. Must confirm receipt of notice. §521(a)(B)(iii)(I) | (Petition + 14 days) |
| NOTE: | COURT MAILS NOTICE: ~2–3 weeks after filing, listing meeting date, deadlines, etc. | Same for Chapter 13. Notice includes 341 date & claims deadlines. | |
| NOTE: After Filing Plan | BNC To Serve Plan & Notice on All Creditors. | (20–25 days after plan?) | |
| NOTE | AMENDMENTS TO SCHEDULES: If creditor is added after petition, must give full SSN on notice (but only last 4 on court filing). §342(c)(1) | Same requirement in Chapter 13. §342(c)(1) | |
| 30 Days After Filing Petition | STATEMENT OF INTENTION: Must file regarding personal property secured by consumer debt, reaffirm vs. redeem vs. surrender. §§362(h)(1), 521(a)(2) | (Petition + 30 days) | |
| 30 Days After Filing Petition | STATEMENT OF INTENTION as to unexpired lease | (Petition + 30 days) | |
| 30 Days After Filing Petition | DEADLINE to MAKE FIRST PLAN PAYMENT:Debtor must start paying trustee, lease, or adequate protection. §1326(a)(1) | (Petition + 30 days) | |
| 45 Days After Filing Petition | AUTOMATIC DISMISSAL: If failing to file schedules, pay stubs, etc. within 45 days. §521(i)(1) | Same automatic dismissal if not filed. Court may extend. §521(i)(3) | (Petition + 45 days) |
| 15 Days Before Creditor’s Meeting | FEDERAL TAX RETURNS to Creditor: If requested 15 days prior, must provide last-filed return or transcript. §521(e) | Same. Must remove confidential info. Interim BK Rule 4002 | |
| 7 Days Before Creditor’s Meeting | FEDERAL TAX RETURNS to Trustee: Must provide copy of last year filed. §521(e)(2) | Same. If fail, court dismisses. Also provide to any creditor who requests. | |
| 1 Day Before Creditor’s Meeting | TAX RETURNS: Must file all necessary returns due last 4 yrs. §1308(a) | ||
| 20 to 50 Days After Filing Petition | §341 MEETING (CREDITOR’S MEETING): Usually between day 20–40. Debtor must attend or face dismissal. §341, 343 | Same timing for Chapter 13. If no show, case dismissed. | (~ day 20–50 post-petition) |
| 60 Days After Filing Petition | DEADLINE TO PROVIDE PROOF OF INSURANCE: For personal property. §1326(a)(4) | (Petition + 60 days) | |
| 10 Days After Creditor’s Meeting | DEADLINE FOR TRUSTEE to file 707(b) Statement: If income is great than median, trustee must file presumed abuse statement. Then must move to dismiss or explain why not. | ||
| 14 Days After Creditor’s Meeting | CREDITOR’S DEADLINE to Object to Plan: Must object within 14 days after meeting or 28 after service. Rule 2002 | ||
| 30 Days After Creditor’s Meeting Concluded | DEADLINE to Object to Claim of Exempt Property: Creditors/trustee have 30 days after conclusion. Fed. R. Bankr. P. 4003 | Same. 30 days post-conclusion for objections. | |
| 35+ Days After Creditor’s Meeting | TRUSTEE’S DEADLINE to file Recommendation to Plan: ~35 days after meeting or 50 after service. If no payment yet, trustee may seek dismissal. | ||
| NOTE | COURT’S DEADLINE to hold hearing on Confirmation Possibly waived if no objections. §1324 | ||
| 45 Days After Creditor’s Meeting — conflict | DEADLINE to Perform under Statement of Intention: Must reaffirm or redeem or property may be repossessed. §521(a)(6) REAFFIRMATION: Must comply with §524(k), can rescind within 60 days. Must be filed within 60 days after 341. Rule 4008(a) | ||
| 45 Days After Creditor’s Meeting | PERSONAL FINANCIAL MANAGEMENT COURSE: Must file certificate or no discharge. 11 U.S.C. §727(a)(11) | PERSONAL FINANCIAL MANAGEMENT COURSE: In Ch.13, must be filed before discharge. 11 U.S.C. §1328(g)(1) | |
| 60 Days After Creditor’s Meeting | DEADLINE to Object to Discharge of Particular Debt under §523: Fraud, defalcation, willful injury, etc. Also reaffirmation. Must file 523 complaint or lose right. | (60 days from 1st 341 date) | |
| 60 Days After Creditor’s Meeting | DEADLINE for US Trustee or party to Move to Dismiss for Substantial Abuse under §707(b). Also reaffirmation must be done. Rule 1017(e). Deadline for Reaffirmation: Rule 4008(a)Reaffirmations must be filed no later than 60 days after first set date of 341 hearing. | ||
| 65+ Days After Creditor’s Meeting | Debtor’s Deadline to Comply with Trustee’s Recommendation or Objection within 30 days or set hearing. | ||
| 60 Days After Creditor’s Meeting check status if statute | DEADLINE to File All Due/Unfiled Tax Returns: In AZ, must file or trustee dismisses. Surrender refunds if Ch.7. | Similar in Ch.13; for at least first 3 yrs refunds go to plan unless trustee allows otherwise. | |
| 70 Days After Filing Petition | TRUSTEE DETERMINES ASSET or NO-ASSET: If asset, then non-gov’t creditors have 70 days to file proofs of claim. Rule 3002(c) | DEADLINE for Non-Gov’t Creditors to File Proofs of Claim: 70 days from petition. Secured included. Rule 3002(c) | (Petition + 70 days) |
| 120+ Days After Filing | DISCHARGE ENTERED in CH.7 CASE: Typically around 90–120 days if all requirements met and no objections. | (~120 days post-filing) | |
| 180 Days After Filing | DEADLINE for Govt. Creditor to File Claim:If asset, must file within 180 days. Rule 3002(c)(1) | Same 180-day deadline for government proofs of claim. Rule 3002(c)(1) | (Petition + 180 days) |
| NOTE | OBLIGATION to FILE TIMELY TAX RETURNS:At any time, failure can lead to dismissal. | ||
| NOTE: 2 Years After Another Ch.13 Discharged | NO DISCHARGE ALLOWED: if another Ch.13 was discharged in last 2 years. §1328(f)(2) | ||
| NOTE: 4 Years After Another Discharge Entered | NO DISCHARGE in CH.13: if prior Ch.7, 11, or 12 discharge within 4 years. §1328(f)(1) | ||
| NOTE: Prior to Last Payment in Ch.13 | Personal financial management course certificate Must be filed before last plan payment made. Debtor(s) must certify domestic support obligations are current. §§1328(g)(1), 1328(a) | ||
| NOTE: Prior to Discharge of Ch.13 | DEADLINE for Objection to Discharge of Particular Debt under §523 & §1328 (court sets 30-day notice). Certain debts not dischargeable. | ||
| NOTE: As soon as practical After Plan Completed | DISCHARGE ENTERED in CH.13 upon plan completion & final requirements. §1328 |