After the 341 Meeting Is My Chapter 7 Case Closed?

No, your case won't close immediately after the 341 meeting. Most filers must wait about sixty days before receiving a debt discharge—the order erasing qualifying debt. The court usually closes the case a few days later.

The good news? Once you've completed the 341 creditor's meeting and your debtor education course, if you're like most filers, you're in the homestretch. However, every so often, one of these events slows things down:

• Someone objects to your discharge.
• The trustee must sell some of your property.
• The bankruptcy court needs to resolve a motion or adversary proceeding (lawsuit).

We explain each of these factors to help you understand when your bankruptcy case will end.

Your Responsibilities After the 341 Meeting

Before you can get a discharge, you'll need to complete some tasks. Take a look at this list to see where you are in the Chapter 7 process:

• Have you provided financial documents to the Chapter 7 trustee assigned to oversee your case?
• Did you appear at the 341 meeting and provide any additional information the trustee requested?
• Did the trustee conclude the meeting (you don't have to go back)?
• Have you filed your debtor education certificate (the deadline is 60 days after the first 341 meeting date)?

If you can check everything off, congratulations! The following section explains when you'll receive the discharge and the circumstances that could prevent you from getting it.

If you haven't completed all of the items, be sure to do so in a timely fashion. Otherwise, the court will close your case without issuing a discharge. You'll have to pay another filing fee to reopen it and fix the omission.

Can You Spend Money After the 341 Meeting?

Absolutely! Any money earned after filing for Chapter 7 bankruptcy is yours to do with as you like because post-filing earnings aren't part of the "bankruptcy estate" or bankruptcy case. You can keep it, spend it, or give it away. It's entirely up to you.

However, don't spend money you possessed before filing for bankruptcy that you couldn't protect with a bankruptcy exemption. You'll turn those funds over to the Chapter 7 bankruptcy trustee.

How Long After the 341 Meeting Do I Get My Chapter 7 Discharge?

Most people get their discharge sixty days after the first creditors' meeting date. Why sixty days? Because that's the deadline for filing an objection to the bankruptcy discharge (although the objector can ask for more time). Here's how the discharge objection deadline can affect your case.

• If no one objects to your discharge, you'll receive it after the sixty-day objection period expires.
• If someone objects to the discharge but loses the adversary proceeding, you'll get it after sixty days or after the court hears the losing lawsuit, whichever is later.
• If a creditor objects to one claim but not the entire discharge, you'll get a partial discharge after sixty days or when the creditor wins the motion, whichever is later.

You won't get a discharge if someone objects to your entire bankruptcy and wins. The court will close your bankruptcy case after completing all other issues. You'll find more on that below.

How Long Before My Chapter 7 Case Closes After the Meeting of Creditors?

While it's true that the bankruptcy court closes most Chapter 7 cases days after issuing the discharge, it could take much longer. Your case won't close until the court settles all outstanding matters and there is nothing left for the court to do.

Here are some of the issues that could delay a case closure:

• The trustee needs to sell nonexempt property, distribute creditor funds, and provide a final accounting to the court.
• The court must decide if the debtor owes the amount claimed by a creditor on a proof of claim
• A litigation issue must be resolved, such as a debtor's alleged fraudulent act or whether the debtor can keep property using a particular exemption.

These issues can keep a case open for six months to a year—longer in exceptional circumstances. But the court won't hold up your discharge. It's common to receive it long before other issues get resolved and the court closes the case.

Navigating Your Bankruptcy Case

Bankruptcy is an unusual area of law because it's essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because all rules apply in every case, you can't skip a step.

The forms and resources below will help you find more information. Also, you can use this list of Chapter 7 and 13 bankruptcy forms to see where this topic falls. And this handy bankruptcy document checklist will help you gather the things you'll need to complete the petition.

Need More Info?

We want to help you find the answers you need. Go to TheBankruptcySite for more easy-to-understand bankruptcy articles, or consider buying a self-help book like How to File for Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer, J.D.

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by consulting with a local bankruptcy lawyer.