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 (972) 208-4600 or
via email for a free initial 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.
Boyd•Veigel, P.C., is proud to represent clients in Plano, Allen, Frisco, McKinney, The Colony, Lewisville, Greenville,
Dallas, Richardson, Arlington, Addison, Mesquite, Rockwall, Carrollton, Sachse, Collin County, Dallas County, Denton County, Hunt County,
and all surrounding areas.
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