Bankruptcy Deadlines
Listed below are various deadlines that
you need to be aware of if you choose to
file a chapter 7 or chapter 13
bankruptcy petition. The list excludes
any deadlines related to involuntary
bankruptcy petitions and deadlines
related exclusively to chapters other
than chapter 7 or chapter 13. If you
have any questions or concerns about
these deadlines or any other bankruptcy
related questions, please feel free to
call our offices directly at
(800)
398-3328 or
via email for a
free initial Bankruptcy consultation.
2 Days
Bankruptcy Rule 4001(a)(2): Only two
days notice is necessary on a motion to
reinstate the automatic stay where the
subject creditor obtained relief from
stay either without notice or on shorter
notice than otherwise provided by the
Bankruptcy Rules. Note that under Rule
9006(a) Saturdays, Sundays, and legal
holidays are not counted.
5 Days
Bankruptcy Rule 4001(d)(3): If an
objection to an agreement relating to:
(1) relief from the automatic stay; (2)
the use, sale or lease of property; (3)
the obtaining of credit; (4) adequate
protection; or (5) the use of cash
collateral, is filed, the Bankruptcy
Court must hold a hearing on no less
than five days notice to the objecting
party and other parties in interest.
Note that under Rule 9006(a) Saturdays,
Sundays, and legal holidays are not
counted.
Bankruptcy Rule 6004(b): Objections to
the proposed use, sale or lease of
property shall be filed and served no
less than five days before the proposed
action unless otherwise ordered by the
Bankruptcy Court. Note that under Rule
9006(a) Saturdays, Sundays, and legal
holidays are not counted.
10
Days
Bankruptcy Rule 1007(h): If, within 180
days after the bankruptcy case was
commenced, the debtor acquires or
becomes entitled to acquire any interest
in property:
• by bequest, devise, or
inheritance;
• as a result of a property
settlement agreement with the
debtor’s spouse, or of an
interlocutory or final divorce
decree; or
• as a beneficiary of a life
insurance policy or of a death
benefit plan
the debtor shall file supplemental
schedules (typically schedules A and B)
within ten days of learning of such
interest. A supplemental schedule C must
also be filed if the debtor is exempting
such interests.
Bankruptcy Rule 7004(e): A summons must
be served within ten days of its
issuance.
Bankruptcy Rule 7052(b): No later than
ten days after entry of a judgment, a
party to the adversary proceeding may
file a motion to amend the Bankruptcy
Court’s findings of fact.
Bankruptcy Rule 8002(a): A notice of
appeal must be filed and served no later
than ten days after entry of a judgment.
Bankruptcy Rule 8002(c)(2): A motion to
extend the deadline to file a notice of
appeal must be filed and served no later
than ten days after entry of a judgment.
Such extension is within the discretion
of the Bankruptcy Judge and may not
exceed twenty days.
Bankruptcy Rule 8006: Within ten days of
the filing of a notice of appeal, the
appellant must designate the items to be
included in the record.
Bankruptcy Rule 9023: A motion for a new
trial must be made no later than ten
days after the entry of a judgment. Note
that this is derived from Federal Rule
of Civil Procedure 59(b).
Bankruptcy Rule 9033(b): No later than
ten days after the filing of proposed
findings of fact and conclusions of law
by a Bankruptcy Judge in a non-core
proceeding (see 28 U.S.C. § 157(c)(1)),
a party may file an objection.
15
Days
Bankruptcy Rule 1007(c): A voluntary
debtor that has filed only a bankruptcy
petition and a list of creditors must
file a complete set of schedules and a
statement of financial affairs within
fifteen days of the petition date.
Bankruptcy Rule 1019(5)(B): If a chapter
13 case is converted to one under
chapter 7, the debtor shall file a
schedule of unpaid debts incurred after
the petition date and before conversion,
including the name and address of each
such claim holder, no later than fifteen
days after the conversion of the case.
Bankruptcy Rule 2016(b): Every attorney
for a debtor must file a statement of
compensation paid or agreed to be paid
as required by 11 U.S.C. § 329.
Bankruptcy Rule 3015(b): If a chapter 13
plan is not filed at the same time as
the chapter 13 bankruptcy petition, the
chapter 13 plan must be filed within
fifteen days of the petition date.
Bankruptcy Rule 4001: Fifteen days
notice must be afforded all interested
parties on a motion to: (1) use cash
collateral (Rule 4001(b)(2); or (2)
obtain credit (Rule 4001(c)(2)).
Bankruptcy Rule 4001(d)(2): Objections
to an agreement relating to: (1) relief
from the automatic stay; (2) the use,
sale or lease of property; (3) the
obtaining of credit; (4) adequate
protection; or (5) the use of cash
collateral, must be filed and served
within fifteen days of the mailing of
the notice of the proposed agreement.
Bankruptcy Rule 6004(d): A party in
interest objecting to the sale of estate
property valued at less than $2,500 in
the aggregate must file any objection
within fifteen days of the mailing of
the notice of intent to sell.
Bankruptcy Rule 6007(a): A party in
interest objecting to the abandonment of
estate property by the trustee or debtor
must file any objection within fifteen
days of the mailing of the notice of
intent to abandon such property.
20
Days
Bankruptcy Rule 2002(a)(1): Notice of
the section 341(a) meeting of creditors
must be mailed twenty days in advance of
the meeting.
Bankruptcy Rule 2002(a)(2): Twenty days
notice of a motion to use, sale, or
lease of estate property outside of the
ordinary course of business is required.
Bankruptcy Rule 2002(a)(3): Twenty days
notice of motion to approve any
compromise or settlement (other than an
agreement pursuant to Rule 4001(d)) is
required.
Bankruptcy Rule 2002(a)(4): Twenty days
notice of a motion to dismiss or convert
a chapter 7 bankruptcy case, unless the
motion is made pursuant to §§ 707(a)(3)
or (b), is required.
Bankruptcy Rule 2002(a)(5): Twenty days
notice must be given of the time fixed
to accept or reject a proposed
modification of a plan.
Bankruptcy Rule 2002(a)(6): Twenty days
notice of an application for
compensation or reimbursement of
expenses in excess of $1,000 is
required.
Bankruptcy Rule 2002(a)(7): Notice of
the deadline to file proofs of claim
pursuant to Rule 3003(c) must be mailed
twenty days in advance of any such
deadline.
Bankruptcy Rule 2002(a)(8): Notice of
the deadline to object to confirmation
of a chapter 12 plan of reorganization
must be mailed twenty days in advance of
any such deadline.
20 to 40 Days
Bankruptcy Rule 2003(a): A meeting of
creditors pursuant to 11 U.S.C. § 341(a)
must be held not less than twenty nor
more than forty days after the petition
date unless the bankruptcy case is one
under chapters 9 or 12 of the Bankruptcy
Code.
20 to
35 Days
Bankruptcy Rule 2003(a): A meeting of
creditors pursuant to 11 U.S.C. § 341(a)
must be held not less than twenty nor
more than thirty five days after the
petition date if the case is one under
chapter 13 of the Bankruptcy Code.
25
Days
Bankruptcy Rule 2002(b)(2): Notice of
the deadline for filing objections to
confirmation of a chapter 13 plan must
be mailed twenty five days in advance of
any such deadlines.
Bankruptcy Rule 4004(a): Notice of the
deadline for filing objections to a
chapter 7 discharge must be mailed
twenty five days in advance of any such
deadlines.
30
Days
Bankruptcy Rule 1019(5)(B): If a chapter
13 case is converted to one under
chapter 7, the trustee shall file a
final report and account with the United
States Trustee no later than 30 days
after the conversion of the case.
Bankruptcy Rule 2015(a)(1): A chapter 7
trustee shall file and transmit to the
United States Trustee a complete
inventory of the property of the debtor
within thirty days after qualifying as
trustee.
Bankruptcy Rule 3004: If a creditor
fails to timely file a proof of claim,
the debtor may, within thirty days of
the expiration of such deadline, file a
proof of claim on behalf of that
creditor.
Bankruptcy Rule 3005(a): If a creditor
fails to timely file a proof of claim,
an entity liable with the debtor or as a
surety for the debtor may, within thirty
days of the expiration of such deadline,
file a proof of claim on behalf of that
creditor.
Bankruptcy Rule 3007: A party objecting
to a proof of claim must file and serve
a copy of the objection with a notice of
the hearing date at least thirty days in
advance of such hearing.
Bankruptcy Rule 4003(a): If the debtor
fails to timely file a schedule of
exempt property as required under Rule
1007, a dependent of the debtor may,
within thirty days of the expiration of
said deadline, file a schedule of exempt
property.
Bankruptcy Rule 4003(b): A party in
interest has thirty days from the
conclusion of the first meeting of
creditors held pursuant to 11 U.S.C. §
341(a) (or thirty days after any
amendment to the list of exempt property
is filed, whichever is later) to file an
objection to the list of exempt
property.
Bankruptcy Rule 4003(b): Any request for
an extension of the deadline to object a
list of exempt property must be filed
and served before the time to object to
such exemptions expires (thirty days
from the conclusion of the first meeting
of creditors held pursuant to 11 U.S.C.
§ 341(a) or thirty days after any
amendment to the list of exempt property
is filed, whichever is later).
Bankruptcy Rule 4007(c): Notice of the
deadline to file a complaint objecting
to the dischargeability of a debt must
be mailed to all creditors no less than
thirty days in advance of such deadline.
Bankruptcy Rule 4008: Hearings
respecting the reaffirmation of a debt
must be heard prior to thirty days
before the granting or denying of a
discharge.
Bankruptcy Rule 7012(a): Answers to a
complaint must be filed and served
within thirty days of the issuance of
the summons, which summons need not be
served on the defendant until ten days
after it is issued.
60
Days
Bankruptcy Rule 2003(a): A meeting of
creditors pursuant to 11 U.S.C. § 341(a)
may be held not more than sixty days
after the petition date if the meeting
place is not regularly staffed by the
Office of the United States Trustee.
Bankruptcy Rule 4004(b): A complaint
objecting to a discharge in a chapter 7
bankruptcy case pursuant to 11 U.S.C. §
727(a) must be filed within sixty days
of the date first set for the meeting of
creditors pursuant to 11 U.S.C. § 341(a)
Bankruptcy Rule 4007(c): A complaint
objecting to the dischargeability of a
debt pursuant to 11 U.S.C. § 523(c) must
be filed within sixty days of the date
first set for the meeting of creditors
pursuant to 11 U.S.C. § 341(a)
90
Days
Bankruptcy Rule 1019(6): A proof of
claim for any claims incurred between
the petition date and the conversion
date (post-petition claims prior to
conversion) must be filed no later than
ninety days after the date first set for
the meeting of creditors pursuant to 11
U.S.C. § 341(a).
Bankruptcy Rule 3002(c): A proof of
claim must be filed no later than ninety
days after the date first set for the
meeting of creditors pursuant to 11
U.S.C. § 341(a).
Bankruptcy Rule 3002(c)(5): If a
dividend appears likely after a notice
of no dividend was issued, a proof of
claim must be filed no later than ninety
days after the mailing of a notice of
dividends by the Bankruptcy Court.
The list of creditors must be complete.
It must include ALL of your creditors
(including family members, taxes, car
loans, mortgages and leases), in one
column and the amount owed in the
adjacent column. The monthly budget
should contain a complete breakdown of
your income and expenses.
