At A Bankruptcy Law Firm, LLC, one of the first questions people ask, often with a mix of urgency and anxiety, is “How long does bankruptcy take to file?”
If you’re facing mounting bills or the threat of lawsuits, every day can feel heavy. The good news is that once you understand the steps and the timeline, the process becomes far less intimidating.
Our goal here is to explain how long it typically takes to get a bankruptcy case prepared and filed, what happens afterward, and why working with an experienced bankruptcy attorney can help keep things moving smoothly.
Before we dive into specifics, it helps to clarify what people mean when they ask how long bankruptcy takes.
Some are asking about the pre-filing timeline—how long it takes to gather documents, complete the required credit-counseling course, draft the petition, and actually submit the case to the court. Others want to know the full timeline—from filing to discharge in Chapter 7, or from filing to plan confirmation and final discharge in Chapter 13.
We will discuss both in this article, so you have a realistic picture of what to expect when you decide to file for bankruptcy.
What Happens When You File for Bankruptcy?
Filing bankruptcy isn’t just a single form. It’s a full packet of sworn statements about your income, expenses, assets, debts, and recent financial history. In Chapter 7, this also includes a Means Test.
You’ll also need to complete a short credit-counseling course from an approved provider before filing. This can be done online or by phone and usually takes about an hour to complete.
Once your petition is filed, an automatic stay takes effect immediately. This means you have a legal shield to stop most collection actions, including wage garnishments, and in many cases, repossessions and foreclosures.
If you’ve had a bankruptcy dismissed in the last year, the stay may last only 30 days or not take effect at all unless extended by court order.
How Long Does Chapter 7 Bankruptcy Take?
For many people, Chapter 7 is the faster path to debt relief.
The Pre-Filing Stage
The pre-filing phase is the part where you have the most control over the timeline.
If you can quickly provide pay stubs, tax returns, bank statements, bills, and a list of assets and monthly expenses, the preparation can be surprisingly efficient. Many clients are ready to file within one to two weeks of their initial consultation.
For others, it could take longer, especially if more documents are needed. Business interests or recent transfers may extend the timeline, sometimes up to six weeks before filing is recommended.
It’s also good to know that the required pre-filing credit-counseling course can be done the same day you take it, so it rarely slows down the process.
Filing the Petition and Automatic Stay
Once your petition is filed, the clock starts. The automatic stay begins right away. About a month after filing (usually between 30 and 45 days), you’ll attend the 341 meeting, also called the meeting of creditors.
This is not held in a courtroom, and a judge is not present. Instead, a bankruptcy trustee will ask straightforward questions about the information in your paperwork. The meeting itself usually takes only a few minutes, and in most cases, no creditors even appear.
Related: What Happens When You File a Bankruptcy Petition?
Receiving the Discharge
After that meeting, there’s usually a short waiting period. In a typical, no-asset Chapter 7 case with no objections, you’ll receive your discharge roughly three to six months after the original filing date.
If the trustee needs to administer non-exempt assets, investigative transfers, or if a creditor files an adversary proceeding, the case can last much longer—even though discharge may still be entered earlier.
That discharge is the court order that wipes out eligible debts and gives you a fresh start.
Milestones Along the Way
There are a few milestones ot keep in mind when filing Chapter 7 bankruptcy.
You’ll complete a second brief educational course on financial management after filing but before discharge. Failing to complete this course on time means no discharge will be entered, even if the rest of the case goes smoothly.
If you intend to keep a financed car, we’ll discuss whether reaffirmation makes sense.
And if the trustee needs clarification, for example, a missing bank statement or a question about a tax refund, responding quickly helps prevent delays.
With attentive communication and a complete petition up front, most Chapter 7 cases move along without surprises.
How Long Does Chapter 13 Bankruptcy Take?
Chapter 13 runs on a longer timeline because it’s a reorganization of your debt. You’ll propose a repayment plan that lasts three to five years, with a length typically tied to your income level and the structure of your debts, and eventual discharge at the end.
The Pre-Filing Stage
Even though the plan is long, the pre-filing looks similar to Chapter 7. You’ll gather documents, complete the credit-counseling course, and work closely with your attorney to prepare both the petition and a feasible plan. With engaged cooperation, many people can file within one to three weeks of getting started.
Filing and Automatic Stay
Just like in Chapter 7, the automatic stay begins as soon as you file. This pauses foreclosures, repossessions, garnishments, and other collection actions.
It’s important to understand that creditors can ask the court to lift the stay if payments aren’t made or collateral isn’t protected.
The 341 Meeting of Creditors
After about a month, you’ll attend a 341 meeting with the trustee. Separately, your plan must be approved by the court at a confirmation hearing, which commonly occurs two to three months after filing.
In some cases, objections or court backlogs may delay confirmations for four to six months or longer.
Between filing and confirmation, you’ll make proposed plan payments on schedule, and your attorney will resolve any trustee or creditor objections.
Completing the Plan and Receiving Discharge
Once the plan is confirmed, your job is to follow it. You’ll make the monthly payments set out in your plan for the full three-to-five-year period. During that time, we can seek modifications if your circumstances change.
At the end of your plan, assuming you’ve completed the required financial-management course and met the plan obligations, the court enters your discharge, and any remaining eligible unsecured debt is wiped out.
It’s essential to recognize that while Chapter 13 lasts longer than Chapter 7, the legal protection starts immediately upon filing. For many clients, that protection—along with the ability to catch up on a home or keep a necessary vehicle—makes the longer timeline more than worthwhile.
What Can Speed Up or Slow Down Bankruptcy Filing?
Clients often worry they’ll get stuck in limbo when filing for bankruptcy. In practice, the most significant driver of the timeline is document readiness. If you assemble all of the necessary documents, your attorney can draft a clean, complete petition quickly.
However, complexity adds time. Owning multiple properties, running a business, having recent large asset transfers, or dealing with pending lawsuits may require extra forms, valuations, or careful planning.
Court calendars and trustee workloads also play a role that you can’t control. Some districts run faster than others—that’s just a fact of how things work.
Credit objections and trustee questions can also extend the bankruptcy timeline. This is why accuracy and full disclosure up front are so necessary. A well-prepared case is less likely to attract objections and more likely to sail through the 341 meeting and, in Chapter 13, plan confirmation.
Why Working with a Lawyer Makes the Process Faster and Safer
Can you file for bankruptcy on your own? Technically, yes—but it’s rarely a good idea.
But as a practical matter, self-filed cases are far more likely to be delayed or dismissed for simple errors. The bankruptcy system is designed to give honest debtors a fresh start, but it also expects exact compliance with deadlines, disclosures, and local rules.
Compliant Filing
An experienced attorney can organize your documents, complete the correct forms the first time, and anticipate trustee questions so they’re answered before they are even asked.
Protecting Your Property
In Chapter 7, a lawyer helps you apply exemptions properly, so you protect the property the law allows you to keep. Misclaimed or overlooked exemptions are a common reason for avoidable headaches.
In Chapter 13, your attorney builds a plan that fits your income and expenses, complies with the code, and responds constructively to trustee feedback.
If a creditor moves to lift the automatic stay to continue a repossession or foreclosure, your lawyer can file the appropriate response on time and argue the matter in court. These are not merely formalities; they are the steps that keep your case on track and your property protected.
Navigating Complex Issues
Complexity isn’t limited to automatic stay litigation. Business ownership, recent asset transfers, or disputed debts may trigger trustee inquiries or adversary proceedings (a lawsuit within your bankruptcy case). The best way to stay on track is to prepare for these issues upfront and have your documentation ready.
Peace of Mind
The hours and days before filing can feel like the longest part of the process, especially if calls, letters, or deductions from your paycheck won’t stop. Clients often tell us that the moment we file, time feels different.
The garnishment pauses. The foreclosure clock stops. The repossession threat quiets. From there, having a legal guide matters.
You will know exactly what happens next, what to expect at the 341 meeting, when you’ll take your post-filing course, and when your discharge should arrive. This clarity reduces the mental load and helps you focus on the few things you can control.
Peace of mind isn’t just emotional reassurance; it’s a practical advantage that keeps your case clean, timely, and on course for discharge or plan confirmation.
Putting It All Together
If you’re asking, “How long does bankruptcy take to file?” here’s the reality:
- Most people file within 2 to 6 weeks of their first consultation
- Once filed, the automatic stay goes into effect immediately
- A Chapter 7 typically reaches discharge in 3 to 6 months
- A Chapter 13 plan is confirmed in 2 to 3 months, with discharge arriving after the 3- to 5-year repayment period
Even though Chapter 13 takes longer overall, both chapters provide immediate relief through the automatic stay the moment you file.
Ready to Discuss Your Timeline?
Bankruptcy isn’t about punishment. It’s about giving you a fresh start under federal law. It’s a tool to discharge debt and help you get back on your feet.
If you’re struggling with debt and wondering how long it takes to file bankruptcy in your situation, the best next step is a conversation tailored to your circumstances.
At A Bankruptcy Law Firm, LLC, we’ve helped thousands of clients prepare and file efficiently while protecting what matters most.
Call us today at (800) 7-BENSON or complete our online form to request your free consultation. We’ll explain your options, outline a realistic timeline, and help you move forward with confidence.
