Kane County, Illinois Bankruptcy
Basic Bankruptcy Timeline
Depending upon whether you file a Chapter 13 or Chapter 7 bankruptcy, your case may be resolved and your debt discharged within 3 to 5 years (Chapter 13) or within as little as 6 months (Chapter 7). The basic timeline for filing for bankruptcy in Kane County, Illinois is listed below.
Before Filing:
- 180 days before filing: a debtor must complete a credit counseling course with an approved agency in order to qualify to file for bankruptcy. This must be done within 180 days prior to filing the bankruptcy petition.
- 90 days before filing: a debtor must be a resident of Illinois for a minimum of 90 days in order to file for bankruptcy in this state.
After Filing:
- 15 days after filing: within 15 days of filing a bankruptcy petition, a debtor must file particular information with the bankruptcy court involving assets, income, expenses and liabilities. If the debtor filed a Chapter 13 case, he or she must also provide a repayment schedule.
- 30 days after filing: for Chapter 13 cases, the debtor must make the first payment to the bankruptcy trustee based upon the repayment schedule submitted earlier. For Chapter 7 cases, the debtor must file a Statement of Intention with the court, stating which debts he or she would like to reaffirm in order to keep certain property by making continued payments.
- 45 days after filing: the court will hold a Meeting of Creditors approximately 6 weeks after a debtor files for bankruptcy. At this time, the debtor will need to testify, under oath, regarding all the information provided to the court thus far.
- 6 months after filing: a Chapter 7 discharge will usually happen approximately 6 months after filing, depending on the case.
- 3 to 5 years after filing: a Chapter 13 discharge will occur upon the completion of the repayment schedule, which may occur anywhere between 3 and 5 years of the filing date.
Contact Kane County bankruptcy attorney Joseph Doyle today!
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