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What Happens While Your Bankruptcy Is “In Process”?

A bankruptcy attorney is always asked how long a bankruptcy will take to reach discharge and when the bankruptcy file will be closed. A Chapter 7 bankruptcy can take anywhere from a few months to several months depending on your situation, how your case is managed, and how fast the court system your are working in can process your file. In general, a good estimate would be around 3 to 4 months, but what will you be doing in the 3 to 4 month period? Will your life be frozen to a halt during that time? Will you not have any access to money in that time? The answer is simpler than you think.

While your case is in process, you will have access to your normal income and your access to your funds should not be interrupted unless one of your banks that you are keeping money with has any policy to freeze your bank account in lieu of a bankruptcy. You should continue to pay any bills for accounts that you are keeping like your utilities, your living expenses. Any unsecured or secured debt included in the bankruptcy that you cannot afford to pay will not need to be paid as the bankruptcy process is in place. Bankruptcy protection stops these creditors from collecting on you even if they have a judgment against you already. The bankruptcy must be filed and already in process to stop any collections from moving forward. The bankruptcy will protect any funds you are surviving on for you to continue to live a normal life as the bankruptcy progresses.

A major factor in how long your bankruptcy takes is how your bankruptcy attorney manages your file. If there is any error or questionable information in the bankruptcy petition which your bankruptcy attorney submits to the courts, you will experience a longer processing time. Any missing information or questionable information can cause the bankruptcy trustee which handles your file for the court system to request more information. A request for more information can result in extended time frames for your bankruptcy to be discharged. It can also cause additional required meetings with the bankruptcy trustee. It is important for you to choose a bankruptcy attorney that has experience in the court system that you are working with to avoid these types of delays in the process of a bankruptcy.

 

Bankruptcy Law Professionals is a Bankruptcy Law Firm handling both Chapter 7 and Chapter 13 cases in Orange County and in Riverside/San Bernardino.  We provide free consultations and can be reached at (855) 257-7671.

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