Bankruptcy Deadlines

Listed below are various deadlines that you need to be aware of if you choose to file a for bankruptcy. The list excludes most deadlines related to involuntary bankruptcy petitions, adversary proceedings and appeals. The list is intended to address those deadlines which arise in the typical bankruptcy proceeding. 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) 578-1400 or via email for a free initial consultation.

2 Day Deadline

Bankruptcy Rule 4001(a)(2)

Only two (2) 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.

7 Day Deadline

Bankruptcy Rule 1007(a)(2)

A debtor, in an involuntary bankruptcy, must file a list containing the name and address of each entity included or to be included on Schedules D, E, F, G, and H within seven days of the entry of an order for relief. Note that under Rule 9006(a) Saturdays, Sundays, and legal holidays are not counted.

Bankruptcy Rule 2008

A trustee bonded under Rule 2010 who has been selected to serve as trustee in a chapter 7, chapter 12, or chapter 13 case that does not notify the court and the United States trustee in writing of rejection of the office within seven days after receipt of notice of selection shall be deemed to have accepted the office.

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 seven 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 4002(b)(3)

The debtor must provide the bankruptcy trustee a copy of the debtor’s federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, no later than seven days before the first date set for the meeting of creditors. 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 seven 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.

Bankruptcy Rule 6004(g)

If a consumer privacy ombudsman is appointed under ii U.S.C. § 332, no later than 7 days before a hearing on the motion under §363(b)(1)(B), the United States trustee shall file a notice of the appointment, including the name and address of the person appointed.

Bankruptcy Rule 6004(b)

Objections to the proposed use, sale or lease of property shall be filed and served no less than seven 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 Day Deadline

Bankruptcy Rule 5008

The clerk of the court shall, within 10 days after the petition date, notify creditors of the presumption of abuse.

14 Day Deadline

Bankruptcy Rule 1007(a)(3)

Unless the court orders otherwise, a chapter 11 debtor shall file a list of the debtor’s equity security holders of each class showing the number and kind of interests registered in the name of each holder within 14 days after entry of the order for relief.

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, a statement of current monthly income, pay advices received within 60 days of the petition date, a certificate of credit counseling and a statement of financial affairs within fourteen days of the petition date. Chapter 13 debtors must also file and serve the chapter 13 plan within fourteen days of the petition date.

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:
o by bequest, devise, or inheritance;
o as a result of a property settlement agreement with the debtor’s spouse, or of an interlocutory or final divorce decree; or
o 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 fourteen days of learning of such interest. A supplemental schedule C must also be filed if the debtor is exempting such interests.

Bankruptcy Rule 1020(a)

In a voluntary chapter 11 case, the debtor shall state in the petition whether the debtor is a small business debtor. In an involuntary chapter 11 case, the debtor shall file within 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor.

Bankruptcy Rule 1020(b)

The objection deadline to the debtor’s small business statement is no later than 30 days after the conclusion of the meeting of creditors, or within 30 days after any amendment to the statement, whichever is later.

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 within fourteen days of the petition date.

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 fourteen days of the petition date.

Bankruptcy Rule 3020

An order confirming a plan is stayed until the expiration of 14 days after the entry of the order, unless the court orders otherwise.

Bankruptcy Rule 4001(a)(3)

An order granting relief from the automatic stay is stayed until the expiration of 14 days after the entry of the order, unless the court orders otherwise.

Bankruptcy Rule 4001(b)(2)

Fourteen 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)(3)

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 fourteen 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 fourteen days of the mailing of the notice of intent to sell.

Bankruptcy Rule 4002(b)(3)

If a creditor, within 14 days of the first date set for the meeting of creditors, requests a copy of the debtor’s tax return that is to be provided to the trustee, the debtor, at least 7 days before the first date set for the meeting of creditors, shall provide the requesting creditor a copy of the return.

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 fourteen days of the mailing of the notice of intent to sell.

Bankruptcy Rule 6004(h)

An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 14 days after entry of the order, unless the court orders otherwise.

Bankruptcy Rule 6007

A party in interest objecting to the abandonment of estate property by the trustee or debtor must file any objection within fourteen days of the mailing of the notice of intent to abandon such property.

21 Day Deadline

Bankruptcy Rule 1011(b)

Responsive pleading or motion filed in response to involuntary petition or cross-boarder insolvency shall be presented in the manner prescribed by Rule 12 F.R.Civ.P. and shall be filed and served within 21 days after service of the summons.

Bankruptcy Rule 2002(a)(1)

Notice of the section 341(a) meeting of creditors must be mailed twenty one days in advance of the meeting.

Bankruptcy Rule 2002(a)(2)

Twenty one 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 one 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 one 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 one 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 one 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 one 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 one days in advance of any such deadline.

Bankruptcy Rule 2002(o)

Notice of the order for relief in a chapter 7 consumer case must be served by the Clerk of the Court on the trustee and all of the debtor’s creditors within 21 days of the petition date.

Bankruptcy Rule 2002(p)

A creditor with a foreign address shall have at least thirty days’ notice of the time fixed for filing a proof of claim under Rule 3002(c) or Rule 3003(c)

Bankruptcy Rule 2007.2(a)

In a chapter 7, chapter 9, or chapter 11 case in which the debtor is a health care business, the court shall order the appointment of a patient care ombudsman under §333 of the Code, unless the court, on motion of the United States trustee or a party in interest filed no later than 21 days after the petition date finds that the appointment of a patient care ombudsman is not necessary.

Bankruptcy Rule 3002.1(b)

The holder of a claim secured by the debtor’s homestead in a chapter 13 case shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment, no later than 21 days before a payment in the new amount is due.

Bankruptcy Rule 3002.1(g)

The holder of a claim secured by the debtor’s homestead shall have 21 days from service of the notice required under Rule 3002.1(f) to respond thereto.

Bankruptcy Rule 3002.1(h)

The debtor or trustee in a chapter 13 case shall have 21 days from service of the notice required under Rule 3002.1(g) to respond thereto.

Bankruptcy Rule 3019

Any request to modify a confirmed chapter 11 plan requires no less than 21 days notice.

Bankruptcy Rule 6003

Except to the extent that relief is necessary to avoid immediate and irreparable harm, the court shall not, within 21 days after the petition date, issue an order granting (1) an application to employ professionals; (2) use, sell, lease, or otherwise incur an obligation regarding property of the estate; or (3) assume or assign an executory contract or unexpired lease.

21 to 35 Day Deadline

Bankruptcy Rule 2003(a)

A 341 meeting of creditors must be held not less than twenty one nor more than fifty days after the petition date if the bankruptcy case is one under chapter 12 of the Bankruptcy Code.

21 to 40 Day Deadline

Bankruptcy Rule 2003(a)

A 341 meeting of creditors must be held not less than twenty one nor more than forty days after the petition date if the bankruptcy case is one under chapter 7 or chapter 11 of the Bankruptcy Code.

21 to 50 Day Deadline

Bankruptcy Rule 2003(a)

A 341 meeting of creditors must be held not less than twenty one nor more than fifty days after the petition date if the bankruptcy case is one under chapter 13 of the Bankruptcy Code.

28 Day Deadline

Bankruptcy Rule 2002(b)

Notice of the deadline for filing objections to the disclosure statement required in connection with the chapter 11 plan confirmation process must be mailed twenty eight days in advance of any such deadline. Notice of the deadline for filing objections to confirmation of a chapter 9, chapter 11 or chapter 13 plan must be mailed twenty eight days in advance of any such deadline.

Bankruptcy Rule 3017

All creditors and other interested parties must be afforded at least 28 days notice of a hearing on any disclosure statement filed in a chapter 11 case.

Bankruptcy Rule 4004(a)

Notice of the deadline for filing objections to a chapter 7 discharge must be mailed 28 days in advance of any such deadlines.

30 Day Deadline

Bankruptcy Rule 1019

When a chapter 11, chapter 12, or chapter 13 case has been converted or reconverted to a chapter 7 case and if a statement of intention is required, it shall be filed within 30 days after entry of the order of conversion or before the first date set for the meeting of creditors, whichever is earlier.

Bankruptcy Rule 3002(c)(3)

An unsecured claim which becomes allowable as a result of a judgment may be filed within 30 days after the judgment becomes final.

Bankruptcy Rule 3002.1(f)

The chapter 13 trustee, within 30 days after the debtor completes all payments under the plan, shall file and serve on the holder of a claim secured by the debtor’s homestead, the debtor, and debtor’s counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim.

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

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 (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 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 5009(a)

In a chapter 7, chapter 12, or chapter 13 case there exists a presumption that the estate has been fully administered if, within 30 days of the filing of a certification that the estate has been fully administered there is no objection thereto.

Bankruptcy Rule 6011(d)

The trustee shall file, no later than 30 days after the destruction of patient records under 11 U.S.C. § 351(3), a report certifying that the unclaimed records have been destroyed and explaining the method used to effect the destruction.

60 Day Deadline

Bankruptcy Rule 1007(c)

The debtor must file a certificate evidencing completion of a financial management course within 60 days after the first date set for the meeting of creditors under §341 of the Code in a chapter 7, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for a discharge under §1141(d)(5)(B) or §1328(b) of the Code.

Bankruptcy Rule 1017(e)(1)

A motion to dismiss a case for abuse under § 707(b) or © must be filed within 60 days after the first date set for the meeting of creditors.

Bankruptcy Rule 4004(a)

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.

Bankruptcy Rule 4008

A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors.

90 Day Deadline

Bankruptcy Rule 2002(h)

In a chapter 7 case, after ninety days following the date first set for the 341(a) meeting, the court may direct that all rule 2002(a) notices be mailed only to the debtor, the trustee, all indenture trustees, creditors that hold claims for which proofs of claim have been filed, and creditors, if any, that are still permitted to file claims by reason of an extension granted pursuant to Rule 3002(c)(1) or (c)(2).

Bankruptcy Rule 3002(c)

A proof of claim must be filed in a chapter 7, chapter 12 or chapter 13 no later than ninety days after the date first set for the meeting of creditors.

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.

120 Day Deadline

11 U.S.C. § 1121(b)

A chapter 11 debtor has the exclusive right to file a plan of reorganization for 120 days from and after the petition date.

180 Day Deadline

11 U.S.C. § 1121(c)

A chapter 11 debtor has the exclusive right to confirm a plan of reorganization for 180 days from and after the petition date.

11 U.S.C. § 1121(e)

A chapter 11 small business debtor has the exclusive right to file a plan of reorganization for 180 days from and after the petition date.

Bankruptcy Rule 3002(c)(1)

A proof of claim by a governmental unit must be filed in a chapter 7, chapter 12 or chapter 13 no later than 180 days after the date first set for the meeting of creditors.

Bankruptcy Rule 3002.1(c)

The holder of a claim secured by the debtor’s homestead shall file and serve on the debtor, debtor’s counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtor’s homestead. This notice must be served within 180 days of the fees having been incurred.

300 Day Deadline

11 U.S.C. § 1121(e)

A chapter 11 small business debtor shall file a plan of reorganization no later than 300 days from and after the petition date.

345 Day Deadline

11 U.S.C. § 1129(e)

A chapter 11 small business debtor must confirm a plan of reorganization no later than 345 days from and after the petition date. This is the sum of 300 days (11 U.S.C. § 1121(e)) and 45 days (11 U.S.C. § 1129(e)).