When Does My Chapter 7 Bankruptcy Case End?

For most filers, a Chapter 7 case will end within a day or two of receiving your "debt discharge" or the order that forgives qualified debt. In most instances, your case will be over about four months after filing the bankruptcy paperwork. However, the Chapter 7 trustee can keep your case open significantly longer if you have "nonexempt assets" the trustee must sell or if litigation needs resolution. Ultimately, your Chapter 7 bankruptcy case ends after the trustee settles outstanding issues, sells any assets, pays out the funds, and files a report with the court.

What Happens in Every Chapter 7 Bankruptcy Case

Everyone must undergo the same Chapter 7 process before qualifying for a debt discharge. You'll wait 60 days after the creditor's meeting, the one appearance all Chapter 7 filers must make before the court issues your discharge order. At a minimum, you'll do the following before receiving the discharge:

• fill out bankruptcy paperwork with details about your financial situation, including your assets, debts, income, and expenses
• pay a filing fee (or submit a fee waiver)
• provide 521 financial documentation to the bankruptcy trustee (the official tasked with managing the case)
• attend the 341 meeting of creditors
• successfully oppose any objection to the discharge, and
• complete credit and debt counseling courses (you'll complete the first course before filing your paperwork).

But the discharge letter or order sent out by the bankruptcy court doesn't close the case.

When Your Chapter 7 Bankruptcy Case Will End

If the court must take further action, the case will remain open, and you must cooperate with the trustee until the bankruptcy court resolves all matters.

What Happens If I Have Property I Can't Keep?

If you have assets that are not exempt, you're required to turn those over to the trustee assigned to your case. The trustee's job is to gather the nonexempt assets, sell them, and distribute the proceeds to your creditors who filed valid proof of claims. If your case is complicated, it can take the trustee months, or in rare cases, even a year, to track down the property and liquidate it. The bankruptcy court strongly frowns on cases remaining open longer than a year.

The trustee might need your help gathering the property. Failing to cooperate could result in experiencing the worst possible outcome: losing your nonexempt property and almost any benefit you would gain from the bankruptcy discharge.

What Happens If Litigation Occurs?

Usually, a bankruptcy lawsuit won't interfere with your general discharge unless the trustee or the creditor challenges your right to discharge all your debts. But your case can remain open even if you've received the discharge. If that happens, your duty to cooperate applies.

Here are some of the types of bankruptcy litigation that might delay your case's closing:

• Determining the dischargeability of a debt. If you or one of your creditors files a lawsuit asking the court to decide if one of your debts is dischargeable, the court will keep your case open until it decides the fate of that debt.
• Trustee's litigation to gather assets. Sometimes, a trustee must file a lawsuit against a third party to access your nonexempt property.

Example. Suppose you sold your cousin a car for half its value a month before filing. The trustee would have a right to the car's total value. The trustee would file a lawsuit if your cousin refused to turn over the vehicle or pay the total value.

Example. Suppose you paid a considerable amount to your favorite creditor before you filed your Chapter 7 case. The trustee could file a lawsuit to recover the money.

The Trustee's Final Report

Once all assets have been liquidated and claims paid, the trustee will file a Final Report with the court. Unless any party objects to the final report, the court will issue a final decree, and the court clerk will close the case.

Reopening a Closed Chapter 7 Bankruptcy Case

Even the judge's final decree in the case won't necessarily spell the end. Sometimes, it's necessary to reopen the case. Most often, this happens when the trustee, one of the creditors, or the debtor becomes aware of an asset that should have been included when the case was active. Your duty to cooperate with the trustee will continue if the case is reopened, but the court will not have the power to revoke your discharge more than a year after the case was closed.

Need More Bankruptcy Help?

Did you know Nolo has made the law accessible for over fifty years? It's true, and we want to ensure you find what you need. Below, you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.