Bankruptcy Overview

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.

 

Free Bankruptcy Book

Bankruptcy Basics” is a free book prepared by the Bankruptcy Judges Division and the Administrative Office of the United States Courts as part of their Public Information Series. It is not prepared by the Bankruptcy Law Office of Walter Metzen.

 
This book should be used as a general overview of the bankruptcy process and not as specific legal advice. This book is not a replacement for the advice of a competent bankruptcy attorney, a fact this bankruptcy book itself states in its introduction. The Bankruptcy Law Office of Walter Metzen provides a free Bankruptcy attorney consultation, during which  you will be provided information based on your specific circumstances and current bankruptcy laws. Feel free to contact us by telephone at (800) 398-3328 or via email if you have any questions concerning the materials or filing for bankruptcy.

 
Please click the link below to review the book. You must have Adobe Acrobat Reader installed on your computer in order to review the materials.


Bankruptcy Basics
      FREE BANKRUPTCY BOOK

 

 

The Michigan Bankruptcy Law Office of Walter Metzen, offers each prospective client a free initial consultation to discuss your financial concerns as well as the possible need to file a petition for relief under the United State Bankruptcy Code. The purpose of the initial consultation is to inform you about the bankruptcy process in Michigan, whether you should file a Chapter 7 or a Chapter 13 and how the United States Bankruptcy Code is designed to protect most if not all of your assets through exemptions.  In an effort to make the free consultation more productive, we ask that you bring certain financial information to the meeting, or better yet, complete and send the online Michigan Bankruptcy Consultation Form.



 

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.

 
In addition to the above, be prepared to provide our office with dollar values for certain assets, including your home (if you own), your vehicles, and any other substantial assets, whether real property or personal property. By providing us the opportunity to review your monthly budget and to gain some understanding of the value of your assets and how much you owe to your creditors, we will be better able to assess your situation and advise you appropriately. You may schedule an appointment by either completing the Michigan Bankruptcy Consultation Form, calling our offices directly at (313) 962-4656 or by requesting an appointment via email.

 

Contact a Detroit Chapter 7 Bankruptcy Lawyer that, not only fully understands the bankruptcy process, but also can realistically advise you of your options. Feel free to schedule your free initial consultation. During this time, we can discuss your case and I can help you take charge of your financial situation. CLICK HERE for a Glossary of Bankruptcy Terms

We are a Debt Relief Agency helping people file for bankruptcy relief under the Bankruptcy Code. Let us help you decide if bankruptcy is right for you.

Bankruptcy attorney Walter Metzen represents clients throughout Southeast Michigan, including the communities of Detroit, Southfield, Warren, Roseville, Farmington Hills, Ann Arbor, Belleville, Canton, Clinton Township, Dearborn, Dearborn Heights, Hamtramck, Highland Park, Holland, Howell, Lincoln Park, Livonia, Macomb, Northville, Plymouth, Port Huron, Redford, Rochester, Saginaw, Southfield, Sterling Heights, Taylor, Trenton, Troy, Westland, Wyandotte, Ypsilanti, Mount Clemens, Howell, Oakland County, Macomb County, Wayne County, Washtenaw County, Livingston County, and all of the surrounding areas.