By John G. Merna, Esq. | Last Reviewed: June 2026 | The Merna Law Group, P.C.

One of the most common questions at initial consultations is how long the bankruptcy process takes. The answer depends on which chapter you file and your specific circumstances.

Chapter 7 Timeline — Four to Six Months

A typical Chapter 7 case at Merna Law moves through these stages:

Before Filing (1–4 weeks)

You complete a free consultation, gather required documents (pay stubs, tax returns, bank statements, creditor list), and complete the required credit counseling course (available online, takes one to two hours). We prepare your petition and send it for your review and electronic signature.

Filing Day — Automatic Stay Activates

The moment your petition is filed with the Eastern District of Virginia Bankruptcy Court (EDVA), the automatic stay activates. All collection activity must stop immediately. If wages are being garnished, the garnishment typically stops within one to two business days.

21–40 Days After Filing — 341 Meeting

You attend the 341 Meeting of Creditors, a brief administrative proceeding conducted by phone or video in most cases. The bankruptcy trustee asks you questions under oath about your petition, typically for five to ten minutes. Our attorneys prepare you thoroughly and can be present with you remotely.

60 Days After the 341 Meeting — Discharge

If no objections are filed, the court enters your discharge order. The discharge permanently eliminates all qualifying debts. Total time from filing to discharge: approximately four to six months.

Chapter 13 Timeline — Three to Five Years

Chapter 13 is a longer process because it involves an active repayment plan:

Before Filing (2–6 weeks)

Same document gathering as Chapter 7, plus preparation of the proposed repayment plan, which calculates your monthly payment and how funds are distributed among creditor classes.

Filing Day — Automatic Stay Activates

Same immediate protection as Chapter 7. You also begin making plan payments to the Chapter 13 trustee within 30 days of filing, before the plan is even confirmed.

21–50 Days — 341 Meeting

The 341 Meeting is similar to Chapter 7 but may be slightly longer as the trustee also reviews plan feasibility.

45–120 Days — Plan Confirmation

The court holds a confirmation hearing. Our attorneys address any creditor objections and obtain court approval of your plan. Once confirmed, the plan is a binding legal order on you and all creditors.

Years 1–3 or 1–5 — Plan Payments

You make monthly payments to the trustee for the duration of the plan. Three years if your income is below Virginia’s median; five years if above. During this entire period, the automatic stay protects you from creditor collection.

After Final Payment — Discharge

Once all plan payments are complete, the court enters your Chapter 13 discharge, eliminating most remaining unsecured debt.

Can the Process Be Faster or Slower?

Chapter 7 cases with complications — asset cases where the trustee liquidates non-exempt property, or cases with creditor objections — can take longer than six months. Chapter 13 plan modifications, hardship situations, or trustee disputes can also extend timelines. Our attorneys work to keep your case on track and address issues as they arise.

What Happens at Each Step in Virginia

Pre-filing preparation (1-4 weeks): Before your case can be filed, you must complete a credit counseling course from an approved provider. This is a federal requirement. The course takes about an hour and can be done online. During this time, your attorney assembles your petition — gathering pay stubs, tax returns, bank statements, and a complete list of your debts and assets.

Filing day: The moment your petition is filed with the Eastern District of Virginia bankruptcy court, the automatic stay takes effect. Creditors are notified electronically and must stop all collection activity — calls, letters, lawsuits, garnishments, and foreclosure actions halt immediately.

341 Meeting of Creditors (about 30 days after filing): This is the only hearing most Chapter 7 filers attend. It is conducted by your assigned trustee — not a judge — and typically lasts under ten minutes. The trustee asks standard questions about your income, debts, and assets to confirm the information in your petition is accurate. Creditors are invited but rarely appear in consumer cases.

Discharge (about 60 days after the 341 meeting): If no objections are raised, the court enters your discharge order. Your qualifying debts are permanently eliminated. You receive the order by mail, and your case is closed shortly after.

How Long Before Filing Actually Takes

The timeline people most often underestimate is the time from first phone call to actual filing date. This depends primarily on two things: how quickly you can gather your financial documents and how your attorney fees are structured.

At Merna Law, most Chapter 7 cases are filed within two to four weeks of the initial consultation if the client provides documents promptly. Chapter 13 cases can often be filed on shorter notice because attorney fees are paid through the plan — meaning you may not need to pay the full fee before filing. This matters when time is critical, such as when a foreclosure sale is scheduled or wages are being garnished.

If you are in an emergency situation — a garnishment is draining your paycheck, a foreclosure sale is days away, or a repossession is imminent — same-week filing is sometimes possible. The automatic stay protects you from the moment the case is filed, so speed can make a material difference.

One Thing That Is Immediate

Regardless of which chapter you file or how long the full process takes, the automatic stay activates the moment your petition is filed. If wage garnishment is your most urgent problem, filing stops it within one to two business days — before the first hearing, before the first meeting, before the discharge. This is often the most important date in the entire process.

Last reviewed by John G. Merna, Esq. | June 2026 | The Merna Law Group, P.C. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.