Some Ways to Quickly Discharge Your Chapter 7 Bankruptcy

When people come to see me about filing Chapter 7 bankruptcy they generally have one thing in common: They need help fast. Being way over your head in debt is never fun, but just knowing that relief is in sight helps.

In fact, as soon as your case is filed, the benefits start. You don't just want to be able to put a roof over your family's head and food on the table after you've complete the process, you want to do it NOW. When your case is filed you will no longer need to pay balances on any debts listed in the bankruptcy unless, of course, you are keeping property that is collateral for a loan. This should provide you immediate cash to be able to take care of your family. Actually in most of those cases I'd share a little known secret with you that your creditors don't want you to know, that way you could stop paying even before you filed your case. But that is for another time!) In addition, your creditors can no longer call you (and if for some reason they do, you can refer them to your bankruptcy attorney). They also can't garnish your paycheck or take money in your bank accounts. But for some people, the full discharge at the end of the case can't come quickly enough.

So what's the fastest way to get your discharge in a Chapter 7 bankruptcy? Well, typically the process takes about 90 days if done correctly. And sometimes that is easier said than done, especially if you try to file by yourself. The Chapter 7 process generally goes like this: Once you file, you will have a "meeting of the creditors," within 20-40 days. This name can be a little misleading (creditors generally do not attend these), so I wouldn't get my hopes up that there will be a line of people waiting to ask you questions. I can say in the last 5 years, I have had creditors show up less than 1 to 2% of the time and it is always when there is some alleged fraud going on. The 341 meeting is just a low-key meeting with a trustee of the bankruptcy court, in which they ask you questions about your financial affairs. Your attorney should prepare you for the meeting, make sure you have the proper paperwork, and actually attend it with you. 60-90 days after that (assuming all goes well) your bankruptcy will be discharged.

Working with an experienced bankruptcy attoreny is the best way to make sure everything goes well in that time frame. Not every attorney works at the same level, before you hire an attorney, ask how long they've been practicing (and how long they've been practicing bankruptcy specifically) and how many successful cases they've filed. Also, contact the bankruptcy court or U.S. Trustee to see if the attorney you want to hire does quality work.

There are all sorts of exemptions that an inexperienced attorney may not think of. What's worse, they could make a simple mistake that could devastate your case. Make sure you hire an experienced bankruptcy attorney to handle your Chapter 7 case.


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James Brown is a personal bankruptcy attorney in St. Louis, Missouri. He has filed over 30,000 bankruptcy cases and published many books and articles. You can request his free Missouri and Illinois bankruptcy guide for the best tips on how to prepare for your bankruptcy and find a great bankruptcy attorney.