Before you file for Chapter 7 bankruptcy, decide if it makes financial sense. You can determine if Chapter 7 is right for you by asking yourself the following questions:
Depending on your answers to these questions, you may find out that Chapter 7 bankruptcy won't help much or, in the alternative, that it is a good choice for you.
(Learn more about whether you should file for bankruptcy or not.)
Most unsecured creditors are required to obtain a court judgment before they can start collection procedures, such as a wage garnishment or seizure of personal property. (Collections for taxes, child support, and student loans are exceptions to this general rule.)
If your debts are mainly of the type requiring a judgment in order for creditors to take your wages and property, the next question is whether you have any income or property that your creditors can seize if they go to the trouble of obtaining a judgment. For instance, if all of your income comes from Social Security (which can't be taken by creditors), and all of your property is exempt, there is nothing your creditors can take from you to satisfy their judgment. Often, creditors realize they won't ever be able to collect from you and don't bother suing you.
However, if a creditor does sue you and gets a judgment, and then tries to take wages or property that should be protected, you will have to take action to prevent it. If this happens, contact a lawyer right away. If you have little or no income, you may qualify for free legal services. Contact your local legal aid office to find out.
If this is your situation, Chapter 7 bankruptcy is usually not necessary to protect your wages and property. However, you may still wish to file for Chapter 7 bankruptcy to get a fresh start.
(Learn more about how creditors can collect from you.)
Certain categories of debts cannot be discharged in Chapter 7 bankruptcy. It doesn't make much sense to file for Chapter 7 bankruptcy if your primary goal is to eliminate these nondischargeable debts. The main nondischargeable debts are:
To learn more about these debts, see Nondischargeable Debts in Chapter 7 Bankruptcy.
The bankruptcy judge may rule some types of debts as nondischargeable if the creditor objects to a discharge in the bankruptcy court. These debts include:
If the bulk of your indebtedness is from debts that creditors may object to being discharged, it may still make sense to file for Chapter 7 bankruptcy and hope your creditors don't object.
Codebtors will still be on the hook. If you want to discharge debts for which you have a codebtor (such as someone who cosigned a loan for you, or a business partner who is equally liable for the debt), bankruptcy won't wipe out the debt. If the debt is of a type that can be discharged in Chapter 7 bankruptcy, you will no longer be legally responsible for paying it, but your codebtor will. (Learn more about cosigned debt in Chapter 7.)
Whether or not you decide to file for Chapter 7 bankruptcy may depend on what property of yours will be taken to pay your creditors ("nonexempt" property) and what property you get to keep ("exempt" property).
Certain kinds of property are exempt in almost every state, while others are almost never exempt. The following are items you can typically keep (exempt property):
Items you must typically give up (nonexempt property) include:
Visit Nolo's Bankruptcy Exemption area to learn how exemptions work, which state and federal exemptions you can use, the exemption amounts in each of the 50 states, particular types of exemptions like the homestead and motor vehicle exemptions. and more.
You may be considering bankruptcy just to stop harassment by your creditors. However, in most cases, you can stop creditors from making telephone calls to your home or work by simply telling them to stop. For more information, see Debt Collectors & Collection Agencies.
If you determine that you are judgment proof, that you'll be stuck with significant debt following bankruptcy, or that you may have to give up too much property, Chapter 7 bankruptcy may not make sense for you. For a discussion of other options, including the possibility of doing nothing, see Alternatives to Bankruptcy.
For clear-cut answers, information and strategies you need to figure out whether bankruptcy is the right solution for you, get The New Bankruptcy: Will It Work for You?, by Stephen R. Elias (Nolo).