The deadline to file an adversary proceeding in bankruptcy depends on what the proceeding is about. The two most common types, a creditor’s complaint that a specific debt should not be discharged and an objection to the debtor’s entire discharge, must both be filed within 60 days after the first date set for the meeting of creditors. Trustee lawsuits to recover property run on a two-year clock. Actions to revoke a discharge already granted run for one year. A few types have no fixed cutoff at all. Miss the applicable window and the right is almost always gone for good.
The 60-Day Deadline to Challenge a Specific Debt
When a creditor wants a particular debt to survive the debtor’s bankruptcy, the creditor has to file an adversary proceeding asking the court to declare that debt nondischargeable. Under 11 U.S.C. §523(c), only three categories of debt require this kind of creditor-initiated complaint:
- Debts for money, property, or services obtained through false pretenses, misrepresentation, or actual fraud, under §523(a)(2).
- Debts arising from fiduciary fraud, embezzlement, or larceny, under §523(a)(4).
- Debts for willful and malicious injury to another person or their property, under §523(a)(6).
If no creditor files, those debts are discharged automatically, no matter how serious the underlying conduct.1Office of the Law Revision Counsel. 11 US Code 523 – Exceptions to Discharge
Federal Rule of Bankruptcy Procedure 4007(c) fixes the deadline: the complaint must be filed within 60 days after the first date set for the meeting of creditors under §341(a). The clock starts from the originally scheduled date, even if the meeting is later postponed or continued. This rule applies in Chapter 7, Chapter 11, Chapter 12, and Chapter 13 cases.2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 4007 – Determining Whether a Debt Is Dischargeable
The 341 meeting itself is usually scheduled 21 to 60 days after the bankruptcy filing. A trustee conducts it and questions the debtor under oath; creditors may attend and ask questions.3United States Department of Justice. Section 341 Meeting of Creditors So the practical outer window from the bankruptcy petition to the complaint deadline is often three or four months, sometimes less.
Debts the 60-Day Rule Does Not Cover
Many debts listed in §523(a) are nondischargeable automatically, with no creditor action required. Tax debts, student loans, domestic support obligations, and debts arising from drunk-driving injuries all survive bankruptcy by operation of law. A creditor owed one of these can bring a complaint to confirm nondischargeability at any point during the case, and missing the 60-day window does not waive the claim.1Office of the Law Revision Counsel. 11 US Code 523 – Exceptions to Discharge The distinction matters: if your debt sits in §523(a)(2), (a)(4), or (a)(6), the 60-day deadline is a hard cutoff. For everything else in §523(a), you have more time.
The 60-Day Deadline to Object to the Debtor’s Entire Discharge
A separate adversary proceeding challenges the debtor’s right to any discharge at all. Brought under 11 U.S.C. §727, it applies mainly in Chapter 7 cases. Grounds include concealing assets, destroying financial records, making false statements during the bankruptcy process, or failing to explain a loss of assets.
Federal Rule of Bankruptcy Procedure 4004(a) sets the clock: in a Chapter 7 case, a complaint objecting to the debtor’s discharge must be filed no later than 60 days after the first date set for the meeting of creditors. In a Chapter 11 case, the deadline is instead the first date set for the confirmation hearing.4GovInfo. Federal Rules of Bankruptcy Procedure Rule 4004 – Granting or Denying a Discharge
The stakes differ from a Rule 4007 complaint. A successful Rule 4004 objection means the debtor gets no discharge, and every debt in the case stays owed. A successful Rule 4007 action only preserves one creditor’s claim while the rest of the debts are wiped out. Creditors and trustees sometimes pursue both at once.
Trustee Avoidance Actions: Up to Two Years
The trustee can claw back money or property that the debtor transferred before filing. These avoidance actions recover preferential payments and fraudulent transfers, and they must be brought as adversary proceedings.
Under 11 U.S.C. §546(a), the trustee must file before the earlier of two outer limits: two years after the order for relief (in a voluntary case, the filing date), or one year after the first trustee is appointed if that appointment happens within the two-year window; and in any event before the case is closed or dismissed.5Office of the Law Revision Counsel. 11 USC 546 – Limitations on Avoiding Powers A creditor on the receiving end of one of these suits should expect the trustee to have the full two years, sometimes longer if a new trustee enters the case late.
Revoking a Discharge After It Is Granted
A discharge can still be revoked after it is entered if fraud surfaces. Under 11 U.S.C. §727(e), a trustee, creditor, or the U.S. Trustee may request revocation of a Chapter 7 discharge within one year after the discharge was granted if the debtor obtained it through fraud. For revocation based on the debtor’s failure to report or surrender estate property, the deadline is the later of one year after the discharge or the date the case is closed.6Office of the Law Revision Counsel. 11 USC 727 – Discharge
Courts treat that one-year period as absolute. It cannot be extended through equitable tolling, even when the debtor’s own concealment made the fraud hard to find. The action must be filed as an adversary proceeding, not as a motion.
Proceedings Without a Fixed Deadline
Not every adversary proceeding has a ticking clock. These can generally be brought at any point while the case is open:
- Actions to determine the validity, priority, or extent of a lien.
- Complaints to confirm nondischargeability of debts outside §523(c), such as student loans, certain taxes, and domestic support obligations.
- Requests for injunctions and other equitable relief tied to ongoing disputes in the case.
“Any time during the case” still means before the case is closed. Once the bankruptcy is closed, most avenues for a new adversary proceeding disappear unless the court reopens the case.
Asking for an Extension Before Time Runs Out
If the 60-day deadline is coming up fast, you can ask the court to extend it, but only if you file the motion before the deadline expires. Rule 4007(c) says so explicitly: the court may extend the filing period “for cause” on a motion “filed before the time expires.”2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 4007 – Determining Whether a Debt Is Dischargeable The 1999 amendment deliberately swapped “made” for “filed” to end any ambiguity. The motion has to be on file with the court, not merely contemplated or mailed, before the clock runs out.
What counts as “cause” is left to the judge. Common reasons include needing time to investigate the debtor’s financial history, awaiting document production, or sorting out complex fraud allegations. A vague suspicion that a claim might exist usually will not do.
Once the deadline passes, options narrow sharply. Federal Rule of Bankruptcy Procedure 9006(b)(1) ordinarily lets a court extend time for “excusable neglect,” but Rule 9006(b)(3) carves discharge-related deadlines out of that safety net.7Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9006 – Computing and Extending Time; Motions Courts have consistently held that equitable tolling does not apply to Rule 4007(c) either, so even deliberate concealment by the debtor will not rescue a late complaint. After 60 days with no complaint and no pending extension motion, the right is gone.
The Seven-Day Service Clock After Filing
Filing on time is only half of it. Under Federal Rule of Bankruptcy Procedure 7004(e), once the clerk issues a summons, the plaintiff has seven days to serve the summons and complaint, whether by personal delivery or by mail. Miss that window and you have to get a new summons and start service over.8Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 7004 – Process; Issuing and Serving a Summons and Complaint Bankruptcy service rules allow first-class mail for most defendants, which helps, but the seven-day window is tight. Filing on the last day of the 60-day period means watching the service deadline just as closely in the week that follows.
Finding Your Exact Deadline
The most reliable source for your deadline is the official notice the bankruptcy court mails after the case is filed. It goes to all listed creditors and parties in interest and lists the date, time, and location of the 341 meeting along with the deadlines to object to discharge or to determine dischargeability of certain debts.9United States Courts. Bankruptcy Noticing The deadline appears as a specific calendar date, so you do not have to count the 60 days yourself.
If no notice reached you, or you learned about the bankruptcy some other way, you can pull the case docket through PACER or call the bankruptcy court clerk’s office. Courts have held that a creditor with actual knowledge of a bankruptcy filing is responsible for tracking deadlines, even without formal notice.
What a Missed Deadline Costs
Missing the 60-day deadline under §523(c) kills the claim permanently. The debt is discharged, the debtor’s obligation to repay disappears, and the creditor cannot pursue collection in any form. The discharge operates as a permanent injunction against lawsuits, calls, letters, and personal contact.10Office of the Law Revision Counsel. 11 US Code 524 – Effect of Discharge A creditor who violates that injunction can be held in contempt.
The same finality applies to a missed Rule 4004 deadline. Once the 60 days pass without a complaint on file, the discharge is granted and the chance to block it is lost.
The common error is assuming there is time to investigate before deciding whether to act. The 60-day period usually starts running a few weeks after the case is filed, and the court’s notice sometimes arrives only a couple of weeks before the deadline. Anyone who suspects fraud or misconduct should start gathering evidence as soon as they learn of the bankruptcy, and if the deadline is bearing down, file an extension motion rather than let the right lapse.