What to Expect When Filing Bankruptcy

The bankruptcy process can feel overwhelming, but it follows a clear, predictable path. Here is exactly what happens from start to finish in San Antonio.

Chapter 7 Timeline

1-4 weeks before filing

Preparation

Complete a credit counseling course ($15-25). Gather documents: tax returns, pay stubs, bank statements, and a list of all debts and assets.

Day 1

Filing Day

Your petition is filed with the Western District of Texas. The automatic stay takes effect immediately. All collection activity must stop.

Day 21-40

341 Meeting of Creditors

Brief meeting of creditors at the courthouse (615 E Houston St, San Antonio, TX 78205). The trustee verifies your identity and asks questions. Most last 5-10 minutes.

Day 21-60

Debtor Education Course

Complete a second financial education course ($10-25). File the certificate with the court.

Day 60-90 (after 341)

Discharge

The court enters your discharge order. Eligible debts are eliminated. Total time: typically 3-4 months.

Chapter 13 Timeline

Before filing

Preparation

Complete credit counseling. Work with your attorney to develop a feasible repayment plan.

Day 1

Filing Day

Petition and proposed plan filed. Automatic stay takes effect. Foreclosures and repossessions stop.

Day 30

First Plan Payment

First monthly payment due to the trustee, even if your plan has not been confirmed yet.

Day 45-120

Confirmation Hearing

The court decides whether to approve your plan.

Years 1-5

Plan Payments

Make monthly payments. Report income changes. File tax returns on time.

After plan completion

Discharge

Complete debtor education. Court enters a section 1328 discharge.

Important: In the Western District of Texas, 62.6% of Chapter 13 cases are dismissed before plan completion. A dismissed case means no discharge. Strong representation is critical.

The Automatic Stay -- Your Immediate Protection

The automatic stay is one of the most powerful protections in bankruptcy law. The moment your petition is filed, creditors must immediately stop:

  • Phone calls, letters, and emails demanding payment
  • Lawsuits and court proceedings against you
  • Wage garnishments
  • Bank account levies
  • Foreclosure proceedings
  • Vehicle repossession
  • Utility disconnections (for 20 days)

Creditors who violate the automatic stay can be held in contempt and ordered to pay damages.

Exception: If you have had a prior case dismissed within the past year, the stay may be limited to 30 days or may not apply at all. Check your eligibility before filing.

Frequently Asked Questions

What happens at the 341 meeting?

The 341 meeting is a brief hearing where the trustee asks questions under oath. Bring photo ID and Social Security proof. Most last 5-10 minutes.

What is the automatic stay?

The automatic stay stops all collection activity the moment you file. Violations can result in sanctions.

How long until I get my discharge?

Chapter 7: 3-4 months. Chapter 13: after completing your 3-5 year plan.

Will bankruptcy affect my credit score?

Chapter 7 stays on your report for 10 years; Chapter 13 for 7 years. Many filers see recovery within 1-2 years. Rebuilding after bankruptcy.

Check Your Eligibility

Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.

Free Discharge Screener

Open Bankruptcy Project Network