How Long Does It Take to File Bankruptcy?
- Rebecca S. Wright
- Dec 2, 2025
- 6 min read
Your bankruptcy timeline depends on the chapter you file (Chapter 7 or Chapter 13), the complexity of your finances, and how quickly required documents are gathered. In Wyoming, a straightforward Chapter 7 can be completed in as little as about 4 months from filing to discharge. Chapter 13 takes longer because it involves a court-approved repayment plan lasting 36 to 60 months.
Below is what the process looks like from start to finish, plus how the key milestones differ between Chapter 7 and Chapter 13.
Quick Primer: Chapter 7 vs. Chapter 13 (and how people choose)
Chapter 7 (“liquidation”): Designed to wipe out qualifying unsecured debts (credit cards, medical bills). There’s no repayment plan. Non-exempt assets (if any) can be sold by a trustee to pay creditors. Good fit for households that pass the means test and don’t need long-term tools to catch up on mortgages or car loans.
Chapter 13 (“reorganization”): Creates a 3–5 year repayment plan that can cure mortgage arrears, restructure car loans, and handle some debts that Chapter 7 can’t address well. Often used when income is too high for Chapter 7, when there’s significant non-exempt equity to protect, or when the goal is to save a home or vehicle by catching up over time.
Chapter choice is typically driven by: income and means test results, goals (keep/sell property), the need to cure mortgage/car arrears, non-exempt equity, prior bankruptcy history, and the types of debts involved.
Standard Pre-Filing Steps (Both Chapters)
Information & Documents (about 1–3 weeks for most people)
Pay stubs (last 6 months), tax returns, bank statements, list of debts/assets, titles/registrations, leases, lawsuits, and collections notices.
Credit Counseling Course (same day to 1–2 days)
A short, required online/phone course completed before filing.
Drafting & Review of Schedules (several days to 2 weeks)
Your attorney prepares the petition, schedules, and (for Chapter 13) a proposed plan, reviews them with you, and makes any necessary changes before filing.
Filing the Case (instant)
Filing triggers the automatic stay, which generally stops most collections, lawsuits, wage garnishments, and foreclosures while the case is pending.
Chapter 7 Bankruptcy Timeline in Wyoming (often ~4 months in a no-asset case)
Right after filing
Automatic Stay takes effect. Collections pause while the case proceeds.
A Chapter 7 trustee is assigned.
20–40 days after filing: 341 Meeting of Creditors
A brief, usually 5–10 minute meeting by phone or in person. The trustee verifies identity and asks straightforward questions about the paperwork. Creditors rarely attend.
After the 341 meeting
If everything is in order, most debtors receive a discharge roughly 60–90 days after the meeting.
In Wyoming, the trustee may claim a portion of your income-tax refund attributable to the pre-filing part of the tax year. This proration rule means the share of the refund earned before the filing date can be property of the bankruptcy estate.
Around 3.5–4 months from filing
Discharge is entered in a typical no-asset case, and the case closes soon after.
If the trustee is liquidating non-exempt assets, the discharge can still arrive on time, but the case may remain open longer while the trustee collects, sells assets, and distributes funds.
Secured Property in Chapter 7: Keep, Surrender, Reaffirm, or Redeem
If the debtor relinquishes (surrenders) secured property: The obligation to pay the debt is discharged, but the lender can take back the collateral (e.g., car) after the stay lifts or by court permission. Surrender is often the quickest path to discharge when payments are unaffordable or the asset is underwater.
If the debtor wants to keep the property:
Stay current or become current: Chapter 7 does not provide a built-in tool to cure arrears over time. Any catch-up requires the lender’s voluntary agreement.
Reaffirmation: A new promise to remain liable on the debt after bankruptcy. Must be approved and is only wise if the budget can support payments.
Redemption: Pay the current replacement value of the collateral in a lump sum (more common with vehicles, sometimes via specialized lenders).
Delinquencies on secured debt: Without lender consent, Chapter 7 won’t force a cure of late payments. Debtors who need time to catch up typically consider Chapter 13 instead.
Trustee’s Collection and Sale of Assets
If there are non-exempt assets, the trustee may:
collect and sell them,
use sale proceeds to pay administrative costs and creditors in priority order, and
close the case after final reporting.
This asset administration can extend the time before case closing, even if discharge already entered.
Chapter 13 Bankruptcy Timeline in Wyoming
(Plan = 36–60 months)
Immediately at filing
Automatic Stay stops most collections/foreclosures. A plan payment usually starts within 30 days of filing.
The proposed Chapter 13 plan is filed with schedules.
30–45 days after filing: 341 Meeting of Creditors
Similar to Chapter 7; trustee reviews income, expenses, and the feasibility of the plan.
60–90 days (varies): Plan Confirmation Hearing
The court decides whether to confirm (approve) the plan. Negotiations with the trustee or creditors sometimes lead to amended plans before confirmation.
Plan Duration: 36 vs. 60 Months
The commitment period is generally driven by current monthly income relative to the state median (means test).
Below-median debtors: Often eligible for 36-month plans (can go longer if needed).
Above-median debtors: Usually must propose a 60-month plan unless all required debts are paid sooner.
Practical factors—like the amount of mortgage arrears, car claims, tax debts, and disposable income—also influence whether 36 months is realistic or whether 60 months is required to make the math work.
Saving a Home (Even in or Near Foreclosure)
Chapter 13 can stop a foreclosure (if filed before the sale) and cure mortgage arrears over the plan while the debtor maintains ongoing monthly payments.
If payments are unaffordable even after curing arrears, options include modification, sale, or in some cases surrender, often with better control and a more orderly transition than outside bankruptcy.
Cram Down (Most Common with Vehicles; limited for Homes)
Cram down can reduce a secured claim to the current value of the collateral, with the balance treated as unsecured (paid at the plan’s percentage).
It is often available on vehicles purchased more than 910 days (about 2.5 years) before filing and on certain other personal property.
Primary residences are different: a debtor generally cannot modify the first mortgage on a principal home via cram down (though curing arrears and other tools may apply). Investment properties or junior liens may have different rules.
End of the Plan
After 36–60 months of on-time payments and completion of any required debtor-education course, the court enters a Chapter 13 discharge (for eligible debts), and the case closes.
Typical Durations at a Glance
Chapter 7 (Wyoming): ~4 months for a typical no-asset case (longer if the trustee liquidates assets).
Chapter 13 (Wyoming): 36–60 months (plus 2–3 months at the start for meetings, confirmation, and plan adjustments).
Which Chapter Is Faster—and Which Is Smarter?
Fastest: Chapter 7, because there’s no long repayment plan.
Strategic: Chapter 13, if the goal is to save a home, catch up on a car, restructure certain debts, or protect non-exempt equity by paying creditors over time.
A skilled Wyoming bankruptcy attorney will consider income, assets and exemptions, secured debt goals (keep vs. surrender), recent financial history, tax refunds, and whether the debtor needs Chapter 13’s toolbox (cure arrears, cram down when available, structured repayment) before recommending a chapter.
Wyoming-Specific Notes to Remember
Prorated Tax Refunds in Chapter 7: In Wyoming, the Chapter 7 trustee can take the portion of your tax refund earned before the filing date. Timing your filing can reduce the amount at risk.
Chapter 7 Speed: Many Wyoming Chapter 7 cases complete in about four months if there are no complications.
Final Thoughts
The filing itself happens quickly once documents are ready. What determines the overall length is the chapter, whether there are assets to administer, and—especially in Chapter 13—how long it takes to confirm and complete the plan. Households focused on a fresh start fast often use Chapter 7. Those who need to catch up on a mortgage or car or protect assets through a structured plan may be better served by Chapter 13.
This article is for general information about Wyoming practice and is not legal advice. For guidance on your specific situation, consult a Wyoming bankruptcy attorney.
