Bankruptcy Date Calculator

NCLC Bankruptcy Date Calculator

Amounts effective 4/1/2013

The Bankruptcy Code specifies several time periods relating to certain prepetition events that may control fundamental aspects of a bankruptcy case, such as the availability of the automatic stay, the ability to claim exemptions, and the right to a discharge. In some cases, these time periods may affect the debtor's decision when to file bankruptcy.

This Date Calculator can assist attorneys in approximating the application of these time periods based on a projected filing date. Enter a filing date and the Calculator automatically lists twenty-four key look-back dates, before or after which dates specified events must, or must not, have occurred.

To use the Calculator, click in the filing date field and enter a date or select a date from the pop-up calendar. Then click the Calculate button. The Date Calculator will accept most common date formats. Javascript must be enabled in your web browser.

Disclaimer: This program is not intended to be a substitute for an attorney's exercise of independent judgment and analysis in advising a client. Moreover, the method for counting how days are calculated for a particular look-back period may depend upon the precise wording of a statute and its construction by the courts. Thus, attorneys are advised to review the statutory language before independently determining the date in question.

Enter Projected Filing Date:

Prepetition Time Period Code Provision Date
60 days Payment advices received from employer within 60 days before petition; § 521(a)(1)(B)(iv)
60 days Creditor unreasonably refused to negotiate alternative repayment schedule made at least 60 days before petition; § 502(k)
70 days Cash advances more than $925 within 70 days before petition presumed nondischargeable; § 523(a)(2)(C)(i)(II)
90 days Luxury goods debts more than $650 incurred within 90 days before petition presumed nondischargeable; § 523(a)(2)(C)(i)(I)
90 days Avoidance of preferences made on or within 90 days before petition date; § 547
180 days Credit counseling briefing during 180-day period before petition; § 109(h)(1)
6-month period preceding petition date Period for determining "current monthly income" based on 6-month period ending on last day of calendar month preceding petition date; § 101(10A)
1 year Cramdown may be prohibited on purchase money loan secured by non-auto collateral incurred within 1 year before petition; § 1325(a)
1 year Automatic stay exceptions based on prior cases pending but dismissed within 1 year before petition; § 362(c)(3) and (c)(4)
365 days Funds placed in education IRA within 365 days before petition excluded from estate; § 541(b)(5)
720 days Funds up to $6,225 placed in education IRA between 720 and 365 days before petition excluded from estate; § 541(b)(5)(C)
365 days Funds used to purchase state tuition credit within 365 days before petition excluded from estate; § 541(b)(6)
720 days Funds up to $6,225 used to purchase state tuition credit between 720 and 365 days before petition excluded from estate; § 541(b)(6)(C)
2 years Real property automatic stay exception applies within 2 years of entry of in rem order in prior case; § 362(b)(20) and (d)(4)
2 years No discharge in chapter 13 case if prior discharge entered in chapter 13 case filed within 2 years before order for relief; § 1328(f)(1)
2 years Avoidance of fraudulent transfers made within 2 years  before petition date; § 548
730 days Location of debtor's domicile during 730-day period before petition used for determining exemptions; § 522(b)(3)(A)
910 days (730 + 180) Location of debtor's domicile during 180-day period (or greater portion of 180 days) preceding 730-day period used for determining exemptions if domicile not in single state for first 730 days; § 522(b)(3)(A)
910 days Cramdown may be prohibited on purchase money auto loan incurred within 910 days before petition; § 1325(a)
1215 days Homestead interest limited to $155,675 exemption if interest acquired during 1215-day period before petition; § 522(p)(1)
4 years No discharge in chapter 13 case if prior discharge entered in chapter 7, 11, or 12 case filed within 4 years before order for relief; § 1328(f)(1)
5 years Homestead interest limited to $155,675 exemption based on criminal act, intentional tort, willful or reckless misconduct that caused serious physical injury or death within 5 years before petition; § 522(q)(1)
8 years No discharge in chapter 7 case if prior chapter 7 discharge entered in case filed within 8 years before petition; § 727(a)(8)
10 years Homestead interest not exempt to extent attributable to non-exempt property disposed of with the intent to hinder, delay, or defraud a creditor within 10 years before petition; § 522(o)