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.
| 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 $1100 within 70 days before petition presumed nondischargeable; § 523(a)(2)(C)(i)(II) | |
| 90 days | Luxury goods debts more than $800 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 $7,575 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 $7,575 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 $189,050 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 $189,050 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) |
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