Bankruptcy Rules

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If you are thinking about filing for Chapter 7 or Chapter 13 bankruptcy, you should familiarize yourself with some of the basic rules of bankruptcy. Federal bankruptcy statutes, rules, and cases, along with certain state statutes determine (among other things):

who is eligible to file for Chapter 7 and Chapter 13 bankruptcy
which of your debts will be discharged (wiped out) in bankruptcy
the procedures in a typical bankruprtcy case, and
what property you can protect in a Chapter 7 bankruptcy through "exemptions."

Below you'll find articles that describe the basics of bankruptcy -- start here to learn about the process and what is likely to happen to your debts and property. For more detailed information about bankruptcy, check out all of the articles in Nolo's Bankruptcy section.

Eligibility Rules: Who Can File?

Eligibility Rules for Chapter 7 Bankruptcy
Who can file for Chapter 7 bankruptcy?
Who Can't File for Chapter 7 Bankruptcy?
Chapter 7 bankruptcy eligibility depends on the means test and other rules.
Rules on Filing for Bankruptcy More Than Once
If you file bankruptcy too soon after you have received a previous bankruptcy discharge, you cannot receive another discharge.
Chapter 13 Bankruptcy Eligibility Rules
Learn whether you can file for Chapter 13 bankruptcy.

Procedural Rules Learn More

Chapter 7 Bankruptcy Case Process
Here's what to expect in a typical Chapter 7 bankruptcy case.
Chapter 13 Bankruptcy Case Process
This chart outlines the steps in a typical Chapter 13 case.
Procedures in a Bankruptcy Case
Learn about the meeting of creditors, the automatic stay, proofs of claim, adversary proceedings, and more.
Filing for Bankruptcy
Learn the rules about pre-bankruptcy purchases and transfers, forms that must be filed, credit counseling requirements, and more.

Dischargability Rules: Which Debts Will Bankruptcy Wipe Out? LEARN MORE

Debts and Debtor Protection: What Bankruptcy Can and Cannot Do
Bankruptcy is a powerful tool for debtors, but some kinds of debts can't be wiped out in bankruptcy.
Your Debt in Chapter 7 Bankruptcy
Learn about the debts that are discharged (wiped out) in a successful Chapter 7 bankruptcy.
Debts in Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, some debts must be repaid and others are wiped out. Here are the rules that govern how different types of debt are treated.

Exemptions: Protecting Your Property in Bankruptcy Learn More

Bankruptcy Exemptions: An Overview
Each state has it's own rules governing property that is protected from creditors in bankruptcy.
Bankruptcy Exemptions by State
Find out what property is protected in your state.
Types of Bankruptcy Exemptions
Learn about exemptions that protect your car, home, and personal property in a bankruptcy case.