Legal Question in Bankruptcy in New York

Re: How long does it take for a chapter 7 to be discharged

Hi.

I take it you're just asking about the discharge, and not how long it remains on your credit rating (which under federal law, is prohibited from remaining more than 10 years from the date of the filing).

Okay: discharge occurs if no one objects to your obtaining a discharge or dischargeability of a particular debt within 60 days following the first date fixed for your fist Section 341 exam by the trustee, unless it's extended by agreement or by motion served on you, and your attorney if you have one, filed and served within this 60-day period. (Note, though: I am a New York trustee, and I have at times extended it after this period through agreement with debtor's attorney; also, there are cases which hold that it can be extended after the 60-day period, in special circumstances, rare, which I doubt are applicable here.)

Okay,let's presume your case is the norm: no asset case, no objections in writing to discharge within 60 days, and no problems. You will get a notice of discharge from the Clerk of the Court asap when they can get to it. When? ASAP, depending on paperload in office, nowadays, usually in this situation around 4-5 months after expiration of 60-day period, i.e., around 6-7 months after first meeting of creditors, unless Clerks office is overwhelmed by paperload. Till you get discharge, you're protected by automatic stay.

Next question: how long till you can "buy" a car? Could be long. I've had people I represented as debtors rent a car even after the 60-day period, but it could be harder to buy, since this entails more. Up to the creditor, and how much money you can put down; whether you have guarantors, etc. I would recommmend after this period expires, if no issues, go to several car dealers re the car you want; see what they will give you, given the above.

Good luck!

Neil Ackerman 516-228-8245