How Long Does it Take to Discharge a Bankruptcy?
Discharging Debts Through Bankruptcy
When you decide to file for bankruptcy many steps need to happen before your debts are forgiven and you can start rebuilding your financial future. We are often asked: How long does it take to discharge a bankruptcy? This article will discuss the length of time it takes to obtain a bankruptcy discharge. A bankruptcy discharge is an important step because it will take the debt burden off your shoulders so that you can begin to look forward.
Bankruptcy is governed by the Federal Rules of Bankruptcy Procedure and local bankruptcy court Rules. We’re going to take a closer look at bankruptcy discharge as well as how long this part of the process takes. We’ll also learn what types of debts are and are not included in the bankruptcy discharge process.
What Does Bankruptcy Discharge Mean?
Bankruptcy discharge means that the debtor is released from personal liability for certain types of debts. If you owe money on certain debts, you will no longer be required to pay them. This prevents creditors from taking action on any money that was owed. If a creditor continues collection, the bankruptcy court can enforce the discharge order.
How Long Does It Take to Discharge a Bankruptcy: Chapter 7 & Chapter 13
Most Chapter 7 cases reach discharge in 4–6 months from bankruptcy filing, while Chapter 13 bankruptcy ends in discharge after completing a court-approved repayment plan.
Unless there are legal proceedings that involve objections to the discharge, assuming the debtor complies with all requirements, the debtor will usually receive a discharge. The bankruptcy court will mail a copy of the order to all creditors. They are not allowed to contact the debtor in any way regarding the debt. If they do, the debtor can file a motion with the court and ask that the case be reopened. The bankruptcy court will usually agree to ensure that the discharge order is not being violated.
Types of Bankruptcy Filings and Their Discharge Timelines
Chapter 7, known as “liquidation bankruptcy,” allows individuals to eliminate most unsecured debts through asset liquidation. Chapter 7 cases typically resolve within 4-6 months after filing, making it the fastest path to discharge.
Chapter 13 bankruptcy, also known as “wage earner’s bankruptcy,” establishes a structured repayment plan spanning 3-5 years. The discharge occurs after the successful completion of all plan payments. The court confirms a repayment plan, and discharge follows when all plan payments are completed.
Chapter 11, primarily used by businesses but available to individuals, enables debt reorganization while maintaining operations. Chapter 11 discharge timing varies significantly, typically occurring after the reorganization plan is completed and approved by the court, which can take several years.
Future Bankruptcy Discharge Eligibility
Eligibility for a second discharge depends on which chapter you filed before and which you plan to file next. Waiting periods are measured from the prior case’s filing date to the new case’s filing date. Filing too soon can mean you complete a case but do not receive a discharge.
A narrow exception may waive the 6-year wait for Chapter 13 → Chapter 7 if unsecured creditors were paid 100% or at least 70% in good faith with best efforts. Gather your prior case number, filing date, and payout details to confirm which rule applies. Eligibility is determined by dates and chapter pairings, and a new bankruptcy filing must satisfy the bankruptcy court’s waiting periods.
| Prior Case | New Case | Wait (filing → filing) | Discharge in New Case? | Notes / Exceptions |
| Chapter 7 | Chapter 7 | 8 years | Yes (if wait met) | — |
| Chapter 13 | Chapter 13 | 2 years | Yes (if wait met) | Most plans run 3–5 years |
| Chapter 7 | Chapter 13 | 4 years | Yes (if wait met) | Filing sooner possible, but typically no discharge (“Chapter 20”) |
| Chapter 13 | Chapter 7 | 6 years | Yes (if wait met) | Exception: 100% paid, or ≥70% paid in good faith with best efforts |
Do All Debts Get Discharged?
Filing for bankruptcy may not erase all of your debts. Before filing bankruptcy, your bankruptcy attorney will explain which debts are dischargeable in bankruptcy. Qualifying debt typically includes credit card debts, medical bills, and personal loans.
Some obligations remain nondischargeable, even when other discharged debts are no longer subject to collection.
Most federal student loans
Tax-related debts, absent some exceptions
Spousal or child support or alimony
Government fines and penalties
Some retirement plan loans
Debts not included in court filings
After discharge, review your credit report to confirm qualifying accounts show as discharged debts with a zero balance.
Car loans and other secured loans are a bit more tricky since they are generally dischargeable but the lender may end up repossessing the car or collateral if you choose not to reaffirm and properly make timely payments regarding those debts.
Knowing the types of debt that can’t be discharged is important because it can help determine whether or not filing for bankruptcy is right for you. If most of your debts fall under any of the above categories, you’ll want to carefully think about your decision. The debts discharged vary under each chapter of the Bankruptcy Code. If you are concerned about a specific debt, it’s best to check where it stands in terms of the type of bankruptcy you’re filing.
Before filing bankruptcy you should obtain a free copy of your credit report and review it with your bankruptcy lawyer. Your bankruptcy attorney will review your debts and recommend if a bankruptcy filing is the best path towards debt relief.
Can an Attorney Expedite the Time It Takes to Get a Discharge?
Although the short answer is no, your attorney plays a key role in your discharge not being delayed. Declaring bankruptcy requires compliance with federal rules and the United States Bankruptcy Code. An attorney who has filed many bankruptcy cases should be able to guide you toward a timely final discharge.
When Can a Discharge Be Denied?
Filing a Chapter 7 bankruptcy or Chapter 13 will not automatically result in a discharge order from the bankruptcy judge. You must comply with your debtor education course requirements, credit counseling course, and financial counseling course requirements. These requirements apply in every bankruptcy court case and must be completed on time.
The court will not grant a discharge until you complete your financial management course which can be completed online.
The Role of Your Bankruptcy Trustee in Receiving a Discharge
A trustee will be assigned to your case after you file bankruptcy. The Trustee will review your bankruptcy petition, and bankruptcy forms and review your case. The Trustee can request information and failure to comply or provide incorrect information can result in your Trustee requesting that the bankruptcy judge deny your discharge. As part of the bankruptcy process, the Trustee will preside over your creditors’ meeting.
Before filing for bankruptcy protection, the attorney will advise you to commence gathering documents that your Trustee will need from you.
Other Factors that May Result in a Denial of Your Discharge
In a Chapter 7 bankruptcy case, the debtor may not always be granted a discharge. A creditor can file an objection which then starts a lawsuit. The court can deny a discharge for several reasons including:
- Failure to provide requested tax documents
- Transfer or concealment of property with the intent to defraud creditors
- Destruction of records
Under Chapters 13 and 11 cases, the debtor is usually entitled to a discharge after completing the agreed-upon payment plan. Objections are litigated in bankruptcy court, and outcomes can affect eligibility for future discharge.
When Do Debts Get Discharged?
When people file for bankruptcy they want their debts discharged as quickly as possible. The exact timing will depend on what chapter bankruptcy was filed. In Chapter 7 bankruptcy, the court typically grants the discharge quickly. This can happen about four months after bankruptcy is filed with the court. In Chapter 13 bankruptcy, discharge occurs only after all repayment plan payments are completed.
Under Chapters 11 and 13 bankruptcies, the court generally grants the discharge once the debtor completes all payments under the plan. With these types of bankruptcies, a payment plan can take anywhere from 3-5 years.
In limited circumstances, a chapter 13 hardship discharge may be available if statutory criteria are met and further repayment plan payments are not feasible.
After a bankruptcy discharge is granted, a debtor can decide to voluntarily repay a debt. This happens in cases when a family member may be owed money and the debtor wants to fulfill an obligation.
Can a Bankruptcy Discharge Get Revoked?
A bankruptcy discharge can be revoked under certain circumstances. A creditor may request that a discharge get revoked in a Chapter 7 bankruptcy case if they believe the discharge was obtained fraudulently. A request to revoke a discharge must be made within one year that it was granted.
In Chapters 11, 12, and 13 cases, a discharge can get revoked if it was obtained through fraudulent means.
Life After Discharge & Rebuilding Credit
Keep your discharge order and schedules in a safe place; they prove the debt was discharged and help stop collection contacts.
Check all three credit reports within a few weeks; qualifying accounts should show as discharged debts with a zero balance, and any errors should be disputed.
Build new positive history carefully. Pay utilities, rent, and any remaining loans on time. Consider a secured credit card or credit-builder loan, use small amounts, and pay in full monthly. Keep credit utilization low and avoid opening multiple accounts quickly.
Monitor reports periodically to confirm corrections stick and to track progress. If a creditor attempts to collect on a discharged debt, keep records of calls or letters and ask an attorney about options to enforce the discharge. These steps protect your fresh start and support steady credit recovery.
Are You Facing Bankruptcy? Contact Us
If you’re facing bankruptcy and have questions, the team at Stiberman Law, P.A. can help. With more than 13 years of experience in bankruptcy law, we can guide you through the process. Schedule a free consultation to review your options under Chapter 13 bankruptcy, your repayment plan considerations, and timing for any future bankruptcy filing.
