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How long does a Chapter 13 stay open?

Writer William Brown

3 to 5 years
Chapter 13 typically lasts for 3 to 5 years and involves a repayment plan, where you pay some or all of the money owed to your creditors over the length of the plan.

What happens after bankruptcy is discharged?

Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn’t necessarily apply to all of the debt you owe.

When does a chapter 13 bankruptcy case close?

If you filed for Chapter 13 bankruptcy, you typically have to complete your Chapter 13 repayment plan before the court will grant you a discharge. (To learn more, see The Bankruptcy Discharge.) Even if you receive a discharge, your bankruptcy remains open until the court enters a final decree or order closing your case.

Can you file another chapter 13 case after it is dismissed?

Whether you can file another Chapter 13 case immediately after a dismissed Chapter 13 depends on the reason why the Chapter 13 case was dismissed. If this wasn’t your first bankruptcy case in a short period of time, the bankruptcy court could prevent you from filing another Chapter 13 case for a specific period of time.

What happens if I file a lawsuit in the middle of my bankruptcy?

If you file a lawsuit during your Chapter 13 bankruptcy case, you must disclose this fact to the court and the bankruptcy trustee and must amend your bankruptcy schedules if it’s not already listed. Also, the lawsuit might mean that you have to pay more into your Chapter 13 plan.

What happens to a settlement I receive after bankruptcy?

Although a filer can keep most types of property acquired after filing, settlement proceeds are an exception. Keeping the settlement will depend on: whether it’s Chapter 7 or Chapter 13 bankruptcy. When you file for Chapter 7 bankruptcy, almost all property you own becomes part of the bankruptcy estate.