The Chapter 7 Filing Process

From petition to discharge, the Chapter 7 process typically takes 3-4 months. This page walks the steps in order with the key deadlines.

Pre-petition (before filing)

1. Credit-counseling course: required within 180 days before filing under § 109(h). Approved providers; ~$25-50 fee (waivable). Certificate must be filed with the petition.
2. Gather financial records: 6 months of pay stubs (for means-test current monthly income), recent tax returns, bank statements, deed/mortgage info, vehicle titles, retirement account statements.
3. Decide on attorney vs. pro se: Most filers benefit from attorney representation. See pro-se research for context.
4. Gather creditor information: all creditors must be listed on Schedule E/F, including ones the debtor doesn't want to discharge.

Petition day (Day 0)

1. File the petition — either the full bundle (petition + schedules + statement of financial affairs + means test + means-test certificate + credit-counseling certificate) or a "skeleton petition" (petition only, with 14 days to file the rest).
2. Pay the filing fee — currently $338 for Chapter 7 ($313 trustee + $25 administrative). Fee waivers available under § 1930(f) for incomes below 150% of poverty line (Form 103B).
3. The automatic stay attaches immediately under § 362. All collection activity must stop.

Days 1-30

• Trustee assigned to the case
• Schedules filed (if skeleton petition was used; due 14 days after petition)
• Notice of § 341 meeting issued
• Statement of intention regarding secured property due (Form 108) within 30 days

Days 21-40 (typically Day 30-35)

• § 341 meeting of creditors — mandatory in-person or video meeting; trustee asks questions under oath; creditors may attend (rarely do for consumer cases). 5-10 minutes typical for routine cases.

Days 60-80

• Deadline for objections to discharge: trustee, U.S. Trustee, and creditors have 60 days after the § 341 meeting to file objections under § 727(a) or adversary proceedings under § 523(a).
• Reaffirmation agreements: if the debtor wants to keep secured property by reaffirming the debt, the agreement must be filed before discharge.

Days 90-120

• Personal financial-management course (debtor education) — required under § 727(a)(11). Filed via Form 423 with the certificate.
• Discharge order issued by the court (typically 60-90 days after the § 341 meeting if no objections were filed).
• Case closed shortly after discharge in no-asset cases.

Common timing variations

• Asset cases: trustee administering non-exempt assets adds months or years to the timeline. Discharge can still issue early; the case stays open for asset administration.
• Adversary proceedings: if the trustee or a creditor files an AP, the case is reopened until the AP resolves.
• U.S. Trustee motions: motions to dismiss for abuse under § 707(b)(3) can extend the timeline by 30-90 days.