Frequently Asked Questions
How long does Chapter 7 take?
A typical Chapter 7 case takes 4-6 months from filing to discharge. The 341 meeting of creditors is held about 30-45 days after filing, and discharge usually issues 60-90 days after that meeting. Asset cases involving liquidation can stay open longer while the trustee administers property.
How long does Chapter 13 take?
Chapter 13 repayment plans run 3 years (if income is below state median) or 5 years (if above). Discharge issues only after all required plan payments are made. Plan modifications, defaults, and conversions to Chapter 7 are common during the multi-year period.
How much does bankruptcy cost?
Court filing fees are $338 for Chapter 7 and $313 for Chapter 13 (2024). Attorney fees commonly run $1,000-$2,500 for a routine Chapter 7 and $3,500-$6,000+ for Chapter 13 (often paid through the plan). Pre-filing credit counseling and post-filing debtor education courses cost $10-$50 each.
Should I consult a bankruptcy attorney?
Almost always yes. Chapter choice, exemption planning, and timing can dramatically affect what assets you keep and what debts are discharged. Many bankruptcy attorneys offer free consultations. Pro se filings have much lower success rates, especially in Chapter 13.
What is the means test and how does it affect my case?
The means test compares your annual income to the median household income in your state. If you earn more than that median, you may not qualify for Chapter 7 and could be steered toward Chapter 13 or a more detailed review of your finances. If you earn at or below the median, you generally pass and can file under Chapter 7.
Does bankruptcy wipe out all of my debts?
No. Recent taxes, most student loans, child support, alimony, and debts tied to fraud generally cannot be discharged under any chapter. Bankruptcy is most effective against unsecured debts like credit cards, medical bills, and personal loans.
How many years does bankruptcy stay on my credit report?
A Chapter 7 filing stays on your credit report for up to 10 years, and a Chapter 13 filing for up to 7 years. That said, many people rebuild their credit significantly well before the record ages off, especially with secured cards and consistent on-time payments.
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This calculator provides information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances. Do not rely on this tool for legal decisions. Consult a licensed attorney in your jurisdiction for legal advice.