Philadelphia, PA asked in Bankruptcy for Pennsylvania

Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?

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2 Lawyer Answers
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four months, depending upon the assigned Trustee.

A Chapter 13 cases is a payout of part of the unsecured claims, and usually takes three to five years before a Discharge Order is entered.

There is not express provision of the Bankruptcy Code barring travel, even outside the US. However, if done, the Trustee, and perhaps any of the creditors, may want to know who paid for that travel, and what purpose it served. Those may be painful to answer.

Your post says practically nothing about your financial situation, and that will determine whether you are eligible for the different forms of bankruptcy relief. Your best path is to confer with an experienced bankruptcy attorney in PA about your situation and your options going forward, BEFORE you take an actions involving the outlay of money.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: The timeline for completing a bankruptcy process can vary, but generally:

Chapter 7 Bankruptcy:

- Takes 3-6 months to complete the overall process.

- Can travel internationally once the case is filed, with a couple caveats:

1) The meeting of creditors (341 hearing) must be completed first before any travel. This hearing is typically 1-3 months after filing.

2) The bankruptcy trustee may request you obtain permission from the court before traveling abroad. Some may restrict travel until discharged.

Chapter 13 Bankruptcy:

- Takes 3-5 years to complete the repayment plan and get discharge.

- Can travel internationally but the rules for Chapter 7 apply:

1) Must complete the 341 hearing first.

2) May need trustee/court permission before traveling internationally while still making payments.

So in summary - Chapter 7 will take roughly 3-6 months start to finish. Chapter 13 requires 3-5 years of repayment plan. Some international travel is allowed once the initial creditors meeting has passed, but could require coordination with the trustee out of caution. Timing and permission protocols can vary by specific court district.

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