4 years before filing – the debtor is not eligible for a discharge under Chapter 13 if the debtor received a previous discharge under Chapter 7, 11 or 12 within the prior four-year period.
2 years before filing – the debtor is not eligible for a discharge under Chapter 13 if the debtor received a previous discharge under Chapter 13 within the prior 2 years.
180 days before filing – if the debtor had a prior bankruptcy case dismissed within the past 180 days period, the debtor may not be able to file bankruptcy until the 180 day period is over. The debtor is also required to take a credit counseling course within 180 days of bankruptcy filing.
90 days before filing – the debtor must be a resident of the State of Florida at least 90 days before filing.
petition filing The moment the petition is files, Automatic Stay goes into effect. The bankruptcy court assigns a trustee to oversee the case.
14 days – all schedules and proposed Chapter 13 plan must be filed with the court within 14 days of filing, if not filed with the petition.
15 days – the bankruptcy court will send out a Notice of Commencement of Case to the debtor and all creditors.
30 days – the debtor must make the first payment under the proposed plan within 30 days of the petition filing.
7 days – before meeting of Creditors The debtor is required to provide the Trustee with copies of tax returns for the two years preceding the petition date and copies of all pay stubs, advices, or documentation of income sources for the 6 month period ending on the last day of the month preceding the month of the petition.
20-45 days – the court will hold the Meeting of Creditors about 20-40 days after the case is filed.
30 days after Meeting of Creditors – the trustee and creditors must make objections within 30 days of the meeting of creditors.
20-40 days after Meeting of Creditors – the court will hold an initial confirmation hearing within 20-40 days after the meeting of creditors.
90 days – any party seeking to seek Mortgage Modification Mediation must file a motion making this request within 90 days of the petition.
45 days after Meeting of Creditors – the debtor has to complete a personal financial management course within 45 days of the meeting of creditors.
90 days after Meeting of Creditors – unsecured creditors wishing to participate in distribution must file proof of claims within 90 days after the first date set for the meeting of creditors (“claim bar date”).
28 days after the “claims bar date” – a pre-confirmation amended plan may be filed no later than 28 days after the “claims bar date”, if necessary to obtain confirmation.
28 days after the “claims bar date” – objections to any claims that the debtor seeks to be disallowed shall be filed no later than 28 days after the “claims bar date” or 14 days after filing an amended proof of claim.
90 days after “claims bar date” – the court will hold a second confirmation hearing after the 90 days “claims bar date” has expired.
180 days – government entities have 180 days after the petition filing to submit proofs of claim.
3-5 years – upon completion of the 3-5 year re-payment plan, the debtor will receive a discharge.
To be eligible for a discharge, the debtor has to complete a personal financial management course any time after the petition filing.