Quick overview — Which chapter fits your situation?
When you file bankruptcy you trade time, cost, and process for relief from collection actions. Chapter 7 is usually the faster route to a discharge (commonly 3–6 months for routine cases), while Chapter 13 is a repayment plan that lasts 3–5 years and can stop foreclosures or catch up mortgage arrears. The federal court filing fee is not the main cost driver, but it is a required up‑front step and differs slightly by chapter.
Current standard filing fees for new consumer cases are $338 for Chapter 7 and $313 for Chapter 13 in most districts.
This article breaks down the timing, costs (including typical attorney‑fee practices), what happens at the mandatory trustee ("341") meeting, and practical tips to prepare — with a focus on expectations for California filers.
Filing timeline — step by step
Below is a practical timeline comparing what happens after you file a petition under Chapter 7 vs Chapter 13. Timelines are averages for routine consumer cases; individual cases vary if there are non‑exempt assets, adversary proceedings, objections, or plan disputes.
| Stage | Chapter 7 (Typical) | Chapter 13 (Typical) |
|---|---|---|
| File petition | Day 0 — stays creditor collection. | Day 0 — automatic stay and proposed plan filed. |
| Meeting of creditors (341) | Usually ~21–50 days after filing; a short meeting where the trustee asks about your schedules and assets. | Same timing for the 341 meeting; trustee reviews finances and plan feasibility. Creditors may appear and contest plan terms. |
| Confirmation / objections | No confirmation; trustee completes review. If there are non‑exempt assets, liquidation can extend timing. | Plan confirmation typically occurs within 60–150 days; plan length is generally 36–60 months depending on disposable income and arrears. |
| Discharge | Often granted about 60–90 days after the 341 meeting in ordinary no‑asset cases (so ~3–6 months from filing). Delays occur if creditors object or assets are administered. | Discharge occurs after plan completion (typically 3–5 years), or earlier in some confirmed plans once conditions are satisfied. Cases remain open while plan payments continue. |
Key deadlines tied to the 341 meeting: creditors have fixed windows after the meeting to object to exemptions or dischargeability; these deadlines are strictly enforced, so timely attendance and accurate schedules matter.
Costs: filing fees, attorney fees, and pay structure
Mandatory court filing fees for new consumer petitions (most districts) are currently $338 for Chapter 7 and $313 for Chapter 13. Courts publish local fee schedules and some districts offer installment plans or fee waivers for low‑income filers.
Attorney fees vary widely by complexity, local market, and whether you hire counsel or proceed pro se. Typical ranges for consumer bankruptcies are roughly:
- Chapter 7: often several hundred to a few thousand dollars (many routine consumer Chapter 7 cases in California fall in a range commonly between $1,000–$2,500 depending on complexity).
- Chapter 13: higher overall because the attorney fee can be paid through the plan — total fees commonly range from about $2,000 up to $4,000 or more for complex matters. The court‑approved plan sets monthly amounts for administration and attorney compensation.
Practical tip: Chapter 13 lets many debtors spread attorney and court‑approved plan costs over 36–60 months, which can make it accessible where paying a lump sum up front for a Chapter 7 lawyer is difficult. Fee waiver rules and installment payment petitions differ by district — check the local clerk's instructions.
Trustee (341) meeting — what to expect and how to prepare
The 341 meeting is a short, mandatory session where the trustee verifies your identity, asks under oath about the accuracy of schedules, assets, income, and recent financial activity, and confirms there are no undisclosed assets. Creditors may attend but often do not. The meeting usually lasts only a few minutes if documents are complete and answers are straightforward.
Bring these documents (bring originals if possible):
- Photo ID and Social Security card or acceptable alternative
- Copy of filed petition, schedules, and statement of financial affairs
- Most recent pay stubs (usually last 30–60 days), recent tax returns (IRS transcripts if available)
- Bank statements and documentation of any large deposits or transfers in the last 90 days
- Mortgage and vehicle loan statements if you intend to keep those assets
Common trustee questions: "Did you list all your assets?" "Did you transfer money or property recently?" "Are your statements accurate?" Answer truthfully and concisely. If the trustee needs more documents they will request them — respond promptly to avoid delay. Missing the meeting without a court‑approved reason can result in case dismissal.
Practical preparation tips:
- Assemble and organize documents before filing — it shortens the 341 meeting and reduces follow‑up requests.
- Complete the required pre‑filing credit counseling (within 180 days before filing) and plan to finish the post‑filing debtor education course before discharge (Chapter 7) or before plan completion (Chapter 13).
- If you’re in foreclosure or behind on payments and want to keep your home, Chapter 13’s plan mechanics can be designed to catch up arrears over time; discuss options with counsel early.
Attending the 341 meeting prepared and with counsel (if you hired one) is the best way to avoid surprises and delays.