The Maryland Bankruptcy Timeline, Step by Step

Every filing is different, but the sequence below is what a Maryland bankruptcy actually looks like from first phone call to discharge. Treat it as a map rather than a schedule. The timings are typical, not promised.

1. Before you call

Most people reach this page because of something specific and immediate. Credit card balances that no longer move, hospital and medical bills, a foreclosure notice, a garnishment already coming out of their pay. You do not need to have decided anything before getting advice.

2. A free initial evaluation

Contact Jan Berlage for a complimentary evaluation of your situation. We can answer general questions and tell you whether bankruptcy is likely to help before you commit to anything.

3. Gathering your information

Once you engage us as your bankruptcy counsel, we send you a questionnaire and a list of the documents needed to prepare your petition. This is also where we decide together which chapter to file under. Our pages on Chapter 7, Chapter 11 and Chapter 13 cover how they differ. Call or email us to request the questionnaire and document list.

4. The required credit counseling course

Federal law requires an approved credit counseling course before your petition can be filed (11 U.S.C. § 109(h)). It is short, offered online or by telephone, and can usually be done in one sitting.

5. Filing the petition

We file your petition with the United States Bankruptcy Court for the District of Maryland. For most of our clients that means the Northern Division courthouse at 101 West Lombard Street in Baltimore, a short walk from our office. Filings for residents of Southern Maryland go to the Greenbelt courthouse. Note that the Greenbelt intake counter no longer accepts cash, money orders or certified checks, so confirm the accepted payment method for filing fees before you go.

6. Your schedules of assets, liabilities and creditors

Alongside the petition you file a statement of your assets and liabilities and a schedule listing every creditor. Accuracy matters here more than anywhere else in the process. The schedules are what the trustee tests, and a creditor you leave off can end up as a debt that survives.

7. The automatic stay

On filing, the automatic stay takes effect and most creditors must immediately stop collection activity, wage garnishment, foreclosure and repossession included. For a lot of clients this is the first real relief in months. Support and alimony proceedings are among the matters that continue regardless, and a creditor may ask the court to lift the stay in specific circumstances.

8. Your case proceeds according to its chapter

Under Chapter 7, non-exempt assets pass to the trustee for liquidation and the process typically completes in four to six months. Under Chapter 13 you keep possession of your property and make payments under a court-approved plan for three to five years (11 U.S.C. § 1322(d)).

9. Exemptions

You will not lose everything. Maryland’s exemptions under Md. Code, Cts. & Jud. Proc. § 11-504 protect categories of property from liquidation, household goods, clothing, tools of your trade and retirement accounts among them.

10. Debts that survive

Not every debt can be cleared. Child support and alimony survive, as do most tax debts and debts arising from fraud. Student loans are dischargeable only on a showing of undue hardship under 11 U.S.C. § 523(a)(8), which is a demanding standard.

11. The financial management course

After filing, federal law requires an approved personal financial management course (11 U.S.C. § 111). Like the first course, it typically takes a day and can be completed online.

12. Discharge

The court enters your discharge. Qualifying debts are legally erased, and your creditors can never collect on them again.

Start with a conversation

If any part of this is unclear as it applies to you, that is the normal starting point. Call (410) 752-9300 or use the contact form on this page, and see our bankruptcy FAQs for more detail on any step.