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Craig D. Robins, Esq. New York Bankruptcy Attorney, Longisland bankruptcy attorney

“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”

Craig D. Robins, Esq.

How Long Does a Chapter 7 Bankruptcy Case Take in New York?

Posted on Wednesday (August 19, 2009) at 5:15 am to Bankruptcy Procedure
Chapter 7 Bankruptcy

How Long Does  a Chapter 7 Bankruptcy Case Take in New York?Written by Craig D. Robins, Esq.
 
A bankruptcy filing immediately stops bill collectors.  The entire process typically lasts three and a half months.
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The first part in any bankruptcy case is preparing the petition and filing it with the bankruptcy court. 
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Once a client retains us, it usually takes anywhere from a few days to a few weeks to gather the necessary information, prepare the petition, and have it signed, although in emergencies, this can be done in a day.  Prior to filing, the debtor must also take a mandatory 30-minute credit counseling session, which can be done by telephone or on-line.
 
Once we file the petition, which we do electronically (right from our office into the court’s computer), the protections of the bankruptcy stay go into effect, making it illegal for any creditor to contact the debtor.
 
About one month after filing, there will be a brief meeting in the Bankruptcy Court called the meeting of creditors.  This is when the trustee will ask the debtor questions. 
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With most of our Long Island bankruptcy clients, attending the meeting of creditors is basically the end of their obligations in the bankruptcy process, although they also have to do a second, thirty-minute credit counseling session, called debtor education, which is also done over the phone or by computer.
 
In some cases, however, the trustee will request some additional documents to review, such as bank statements, tax returns or deeds.
 
Creditors technically have 60 days from the date of the meeting of creditors to file objections to discharge.  This is very rare and occurs in far less than one percent of all cases filed.  The date which is 60 days after the meeting of creditors is called the “bar date” because creditors are barred from filing any objections after that time.
 
Once the bar date passes, and assuming the debtor has taken the debtor education course (we have to file a certificate with the court indicating that), then the bankruptcy court clerk’s office will process the final paperwork and issue the order of discharge and close the case. 
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In most instances, this usually occurs about three and a half months after the date the bankruptcy petition was filed.  At that point, all dischargeable debt (such as credit card debt) has been forever eliminated and the debtor is on his or her way to enjoying their fresh, new financial start.
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Craig D. Robins, Esq. is a Long Island bankruptcy lawyer, who is focused primarily on helping individuals and families, find solutions to their debt problems. Read more »

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Craig D. Robins, Esq.
35 Pinelawn Road, Suite 218E, Melville, NY 11747.

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