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Lying awake about money? Screening calls from collectors? Watching minimum payments go nowhere? You are not alone — and there is a way through.

What does bankruptcy actually do?

Bankruptcy either erases most of your debt or restructures it into payments you can handle. It goes through federal court. The moment you file, the A rule that takes effect when you file for bankruptcy and usually pauses foreclosure, debt collection, and lawsuits while it lasts. It can be short or missing if you had a case dismissed in the past year. Learn more → stops all collection — calls, lawsuits, garnishments, and foreclosure.

There are two types for individuals:

Clean slate

Erases most unsecured debt in 3-6 months. Credit cards, medical bills, personal loans — gone. Most people keep everything they own.

Catch-up plan

Puts your debt into a 3-5 year plan based on what you can afford. Keeps your home and lets you catch up on missed mortgage payments.

What stops the moment I file?

The automatic stay is the most powerful part of bankruptcy. It starts the instant you file — before any hearing, before a judge looks at your case:

Foreclosure

A sale scheduled for next week? Halted.

Your employer must stop taking money from your check.

Collection calls

Creditors are legally banned from contacting you.

Repossession

Your car and other property cannot be seized.

Lawsuits

Pending suits to collect debt are frozen.

Utility shutoffs

A utility can't cut service just because you filed or owe an old bill. It can if you don't give it adequate assurance of future payment, such as a deposit, within 20 days.

Which type is right for me?

The right chapter depends on your income, what you own, and what you need to protect.

A bankruptcy that wipes out most unsecured debts; discharge is typically issued 60-90 days after the creditors' meeting. You must pass the means test to qualify. Learn more → (Clean Slate) A bankruptcy that lets you catch up on missed mortgage payments over 3-5 years if you can keep up the plan. The automatic stay generally pauses a foreclosure sale when the case is filed, with limits (11 U.S.C. § 362). Learn more → (Catch-Up Plan)
Who qualifies Must pass the An income test that determines if you qualify for Chapter 7 bankruptcy by comparing your income to your state's median. Learn more → — income below state median, or limited disposable income. Our Financial Worksheet can help you calculate your DTI ratio. Must have regular income; secured debt under $1,580,125, unsecured under $526,700
How long 3-6 months to A court order that permanently eliminates your legal obligation to pay certain debts at the end of a successful bankruptcy case. Learn more → 3-5 year payment plan
Your stuff A A neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases. Learn more → can sell non-exempt assets — but most people keep everything Keep everything; repay from future income
Your home Pauses foreclosure but does not cure missed payments Catch up on missed payments over the plan and keep your home
Credit cards and medical bills Erased completely Paid at pennies on the dollar; rest erased
Car loan Reaffirm the debt or surrender the car Can sometimes reduce the loan to the car's current value, and cure arrears. Not for a car bought in the last 910 days
Credit report Up to 10 years from filing Up to 10 years from filing
Cost $338 filing fee + ~$1,000-$2,500 attorney $313 filing fee + ~$3,000-$5,000 attorney
Best when High unsecured debt, low income, few assets Saving a home, catching up on secured debt, income too high for Ch. 7

What should I do first?

Do this first

Talk to a bankruptcy attorney

Tell me what's going on and I'll connect you with a bankruptcy attorney where you live. Most offer a free first meeting, where they review your debts, income and assets and tell you which chapter fits or whether a different path makes more sense.

Get free help  |  (888) 602-4161

If your income is low, free legal help is also available through LawHelp.org and ABA Free Legal Answers.

What to say when you call a bankruptcy attorney

“I'm considering bankruptcy and would like a free consultation. I have [type of debt — credit cards, medical bills, mortgage, etc.] and I want to understand whether Chapter 7 or Chapter 13 is right for my situation. Can we set up a time to talk?”

Thinking about bankruptcy? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

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Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Which debts get erased?

A A court order that permanently eliminates your legal obligation to pay certain debts at the end of a successful bankruptcy case. Learn more → is a court order that permanently wipes out your obligation to pay. A discharge bars those creditors from collecting the erased debts from you personally. A lender with a lien, like a mortgage lender, can still enforce it against the property, and some debts are not erased at all (see the list below).

Usually erased
  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility bills
  • Some older income taxes (return due 3+ years ago and filed on time, plus other timing rules)
  • Leftover balance after foreclosure or repo
  • Business debts (sole proprietors)
Usually NOT erased
  • Student loans (rare exceptions)
  • Child support and alimony
  • Recent income taxes (under 3 years)
  • Debts from fraud
  • Criminal fines and DUI judgments
  • Luxury purchases right before filing

Do I qualify for Chapter 7?

If your debts are mostly consumer debts, A bankruptcy that wipes out most unsecured debts; discharge is typically issued 60-90 days after the creditors' meeting. You must pass the means test to qualify. Learn more → asks you to pass the An income test that determines if you qualify for Chapter 7 bankruptcy by comparing your income to your state's median. Learn more → (some veterans and service members are exempt). It has two steps:

1
Is your income below your state's median?

Add up your household income for the past 6 months and double it. If that number is below your state's median for your household size, you pass. Most filers qualify here.

2
If above median: how much is left after expenses?

Subtract IRS-approved expense amounts from your monthly income. If less than about $171 a month is left, you pass this step. If more than about $286 is left, the law presumes you can repay, and Chapter 13 may be your path. In between, it depends on how much unsecured debt you have.

Will I lose everything?

No. This is the biggest myth. Every state protects certain property through exemptions. Most Chapter 7 filers keep everything they own.

Your home

The Legal protection that shields some of your home's equity from other creditors, or lowers property taxes. Amounts, acreage limits and who qualifies vary by state. Learn more → protects equity in your primary residence. Ranges from $25,000 to unlimited by state. Texas and Florida: unlimited.

Your car

Typically $2,500-$6,000 in equity protected. If you owe more than the car is worth, you usually keep it.

Retirement accounts

Most 401(k)s, pensions and other tax-qualified retirement accounts are protected under federal law in every state. IRAs are protected up to $1,711,975, not counting money rolled over from a workplace plan (11 U.S.C. § 522). Money you've already taken out may not be protected. One of the strongest protections in bankruptcy.

Household goods

Furniture, appliances, clothing — generally fully exempt. A neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases. Learn more → s rarely have interest in used belongings.

What does the process look like?

1
Credit counseling (required)

Most people must complete a credit counseling session from an approved agency in the 180 days before filing, with a few exceptions. If the agency charges a fee, the fee must be reasonable, and the agency must help you even if you can't pay it. Find a DOJ-approved credit counseling agency or call the NFCC at 1-800-388-2227.

What to say when you call a credit counseling agency

“I need to complete the pre-bankruptcy credit counseling requirement. Can you walk me through the process and schedule a session?”

2
Gather your records

Your attorney needs: 6 months of pay stubs, 2 years of tax returns, bank statements, a list of all debts and assets, and monthly expenses. The Document Tracker can help you stay organized.

3
File the petition

Your attorney files paperwork listing everything you own and owe. The A rule that takes effect when you file for bankruptcy and usually pauses foreclosure, debt collection, and lawsuits while it lasts. It can be short or missing if you had a case dismissed in the past year. Learn more → starts immediately. You get a case number and a A neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases. Learn more → .

4
Creditors' meeting (5-15 minutes)

About 30-45 days after filing, the A neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases. Learn more → asks basic questions under oath. Creditors can attend but rarely do. No judge is present. Usually the only meeting.

5
Discharge

Chapter 7: About 60-90 days after the meeting, the court issues a discharge order. Total time: 4-6 months.

Chapter 13: You make monthly payments for 3-5 years. Remaining eligible debts are erased when you finish the plan.

Before discharge in either chapter, you must complete a debtor education course from an approved provider. This is separate from the pre-filing credit counseling.

How badly does it hurt my credit?

The initial drop is real — typically 130-200 points. But if missed payments and collections already damaged your score, the extra drop is smaller. Those negatives are already priced in. Check your current reports for free at AnnualCreditReport.com before filing.

The part that surprises people: recovery is faster than you think.

Chapter 7 Chapter 13
On credit report Up to 10 years from filing Up to 10 years from filing
FHA mortgage eligible 2 years after discharge 1 year into plan (with court OK)
Conventional mortgage 4 years (2 with documented extenuating circumstances) 2 years after discharge
VA mortgage 2 years after discharge 1 year after plan confirmation
Credit score recovery Most reach 600+ in 2 years, 700+ in 4-5 Gradual improvement during plan

Lenders sometimes view a recent discharge favorably — zero debt and can't get another Chapter 7 discharge for 8 years (6 years after a Chapter 13 discharge, with exceptions). Years of missed payments often do more damage than a clean discharge.

Is bankruptcy right for me?

It may be right if...
  • You cannot pay off unsecured debt in 5 years, even with aggressive budgeting
  • You face wage garnishment, lawsuits, or foreclosure
  • Medical debt is crushing you — it is fully erasable
  • Most of your debt is credit cards, medical bills, or personal loans
  • You need to save your home from foreclosure (Chapter 13)
Try something else if...
  • Most of your debt is student loans or recent taxes (these survive bankruptcy)
  • You can pay it off in 3-4 years through a debt management plan
  • You have high home equity in a state with a small Legal protection that shields some of your home's equity from other creditors, or lowers property taxes. Amounts, acreage limits and who qualifies vary by state. Learn more →
  • You recently ran up large debts (can look fraudulent)
  • A settlement or consolidation solves the problem

What do most people get wrong?

Most Chapter 7 filers lose nothing. Exemptions protect your home equity, car, retirement accounts, household goods, and work tools. This fear stops more people from filing than any other myth.

Common questions

The bigger picture

The Administrative Office of the U.S. Courts publishes filing totals by chapter and reporting period. Those counts show how many cases entered the court system; they do not establish what happened before a filing, why a household filed, what assets or income a filer had, or how a case ended. The Chapter 7-to-Chapter 13 filing ratio is likewise a composition measure, not a verdict about filers' financial condition or reasons for using either chapter.

Bankruptcy filing data  |  Credit card delinquency trends  |  Bankruptcy statistics 2026  |  American Distress Index

Frequently Asked Questions

Can I file bankruptcy on just some of my debts?

No. You must list every debt. But you can sign a reaffirmation agreement for debts you want to keep (like a car loan), which keeps you liable for that one debt.

Can I keep my house in Chapter 7?

Yes — if your equity is within the homestead exemption limit and you are current on payments. Signing a reaffirmation agreement is a separate choice. It makes you personally liable for the loan again, and the law lets the lender keep taking your regular payments without one (11 U.S.C. § 524(j)). If you are behind, Chapter 13 lets you catch up while keeping the home.

How often can I file for bankruptcy?

These are limits on getting another discharge, counted from the filing date of the first case. They are not bans on filing. A Chapter 7 discharge blocks another Chapter 7 discharge for 8 years and a Chapter 13 discharge for 4 years. A Chapter 13 discharge blocks another Chapter 13 discharge for 2 years, and a Chapter 7 discharge for 6 years unless the earlier plan paid enough.

Do I need a lawyer to file for bankruptcy?

You can file on your own ("pro se"), but success rates are much lower. Mistakes can cost you your discharge. Most attorneys offer free consultations and payment plans. Legal aid organizations provide free help for qualifying households.

What about filing bankruptcy jointly with my spouse?

Joint filing combines both spouses' debts and assets into one case. Best when both have significant shared debt. Filing alone may make sense if only one spouse owes substantially.

Protect yourself from scams

People in financial distress are prime targets for fraud. Know these rules:

⚠
Check before paying upfront for mortgage or debt relief. FTC rules generally bar covered mortgage-relief providers from collecting a fee before you accept a written offer from your lender or servicer, and bar covered telemarketed debt-relief services from collecting before they resolve at least one debt and you make a payment under the agreement. A lawyer may collect an advance fee for mortgage-relief services only under a narrow exception: the work must be part of the practice of law, the lawyer must be licensed to practice law in the state where the client or dwelling is located and follow that state's rules, and the money must stay in a compliant client trust account until earned or expenses are incurred.
⚠
HUD-approved foreclosure-prevention counseling is free. Call 1-800-569-4287 or visit the CFPB counselor finder. Be cautious if someone charges for services that a HUD-approved counselor provides for free; verify the provider and written terms.
⚠
Signing over your deed can cost you the house. "Equity stripping" and "sale-leaseback" scams trick homeowners into transferring their title, and you could lose your home permanently. A lawyer can review the papers before you sign.
⚠
Only attorneys can give bankruptcy legal advice. "Petition preparers" can type forms but cannot advise you on which chapter to file, what to exempt, or how to handle secured debt. Bad advice here can cost you your home or car.

Report fraud: CFPB · FTC · your state attorney general's office.

Ross Kilburn, creator of American Default Research

Who made this

Ross Kilburn

Last checked

Former COO of Ark Law Group, a foreclosure defense firm serving five states · founder of Seattle Short Sales · author of Short Sale Your Home

I built American Default Research to track household financial distress with public data — and to make sure the people behind the numbers can find real help. Every guide on this site is written to be clear and useful, sourced from federal agencies, and free to use. No ads, no paywalls, no data sold.

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General information, not legal advice.

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If this affects you, we can help. Get a free action plan · Call (888) 602-4161 Find help near you · Browse the Glossary Prefer a nonprofit? HUD-approved housing counselors offer free foreclosure-prevention counseling (1-800-569-4287).