What are the Deadlines Set in a Chapter 7 Bankruptcy?

Several deadlines are set or set in motion after a chapter 7 case has been filed. Several of these are keyed to 341 meeting date that will be set within a few days of the case being filed. Each of these deadlines can be extended by the court upon timely request, and such extensions are not unusual.

The 60-day Deadlines

Several events share a common deadline 60 days after the date first set for the meeting of creditors. Note that continuances and rescheduling of the 341 meeting does not change these deadlines.

  1. Certification of Financial Management Instructional Course: 60 days after date first set for 341 meeting of creditors, under Bankruptcy Rule 1007(c).
  2. Filing of Reaffirmation Agreements: 60 days after the date first set for 341 meeting of creditors, under Bankruptcy Rule 4008(a).
  3. Complaint to Object to Dischargeability of a debt: 60 days after date first set for 341 meeting of creditors, under Bankruptcy Rule 4007(c).
  4. Complaint seeking Denial of Discharge: 60 days after date first set for 341 meeting of creditors, under Bankruptcy Rule 4004(a).
  5. Motions to Dismiss under 707(b): 60 days after the date first set for 341 meeting of creditors, under Bankruptcy Rule 1017(e).

Other Deadlines

Objection to Claim of Exemptions: 30 days after conclusion of 341 meeting of creditors, or 30 days after amendment of exemptions, whichever is later, under Bankruptcy Rule 4003(b).

Proof of Claim Deadline: Many consumer chapter 7 are classified as a no-asset chapter 7, where no distribution to unsecured creditors is anticipated. No proof of claim deadline is set in these cases.

Terms: 
Meeting of Creditors
Reaffirm
Category: 
Process After Filing Bankruptcy
Tue, Aug 14 2012 - 1:53pm by (emf [at] fabriciuslaw.com Twitter Google+)
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