in a chapter 7 bankruptcy filing, is there a specific time frame, that the process should take, in months, from the time of retaining a lawyer and a discharge? thank you.
The average successful chapter 7 bankruptcy case takes roughly 90 days from filing to discharge. The time it takes it takes to prepare a filing varies according to how busy an attorney is, what specific information is needed for a case, how cooperative a client is in gathering information, and how complex a case is. There are too many factors involved in pre-filing procedure to give an average time estimate.
I have found that the average time, from the first consultation to the discharge, for cases in the Eastern District of New York is about four to five months. It usually takes a month or two for the client to get together the paperwork and the fee. The Court is fairly efficient in processing the cases, and most debtors do not have to attend any hearings other than the creditors' meeting.
If you wish to modify a mortgage or reaffirm a debt through the proceeding, the time period could be substantially more.
There are several components to this question. the first is the time between retention of the attorney and the filing of the petition ans schedules. the amount of time it takes to prepare your schedules depends on how organized or disorganized your information is to enable the completion of the information required to complete the petition and schedules. also, yo must make sure that you complete your financial counseling call before the petition is filed. one filed the entire process can take anywhere from 90 days to six months, depending on the case backlog in the Eastern District of New York, where your case would be fled, to whether the trustee who is assigned to your case has any unanswered questions if the schedules suggest further inquiry. Again the process of the completion of the schedules and the additional information that will be required by the trustee just all be in good order, if you expect to exit bankruptcy as painlessly as possible in the shortest possible amount of time.