Chapter 7 bankruptcy provides a safety net that helps individuals and families struggling to pay monthly bills regain their economic footing. It works by quickly erasing qualifying debt without requiring you to repay creditors, putting an end to most collection actions, including wage garnishments and lawsuits, and temporarily stopping foreclosures, evictions, and repossessions.
Chapter 7 bankruptcy is a "liquidation" bankruptcy where a trustee sells property to pay creditors. In exchange, filers receive a "discharge" order erasing their qualifying debts about four months after filing. Before getting into the details, it will help to understand these basics.
While this article explains Chapter 7 bankruptcy, it doesn't replace personalized advice provided by a bankruptcy attorney.
Chapter 7 will likely be a good option if your income qualifies and you won't lose property you want to keep. However, sometimes Chapter 7 doesn't offer the relief you need, so it's good to figure out whether you should choose between Chapter 7 vs. Chapter 13 bankruptcy. For instance, Chapter 13 might be a better option if:
Below is a table comparing Chapter 13 and Chapter 7 bankruptcy to help you determine which would be best for you.
Chapter 7 |
Chapter 13 |
|
Debt Treatment |
Quickly eliminates qualifying debts, such as credit cards and medical bills, without creditor repayment. It won't help save a home from foreclosure or a car from repossession. |
Repays creditors a portion of what's owed over three- to five-years. The repayment plan enables you to catch up on mortgage and car loans, allowing you to keep your houses and cars. |
Property |
You keep property protected by bankruptcy exemptions. The trustee sells nonexempt property for the benefit of creditors. |
You keep all property but must pay creditors the value of your nonexempt property through the repayment plan. |
Income and Eligibility |
Works well for lower-income individuals without funds to repay debts. |
Individuals must earn enough to afford the required monthly plan payments. |
Process Length |
Typically completed within four to six months. |
Requires a three- to five-year repayment plan. |
Stopping Collections |
Provides immediate, permanent protection from debtors with qualifying debts, but relatively short-term protection from foreclosure, eviction, and repossession. |
Offers long-term protection from almost all collection actions throughout the repayment plan. |
Codebtors |
Provides no codebtor protection from creditors. |
Creditors can't collect from codebtors during the plan. |
Business Operation |
Could close a sole proprietorship if the trustee sells nonexempt business assets. |
A sole proprietor can keep nonexempt business equipment by paying the value through the plan. |
Learn which debts you can eliminate, which you can't, and when charges might be considered fraudulent.
Chapter 7 erases many of the obligations you likely have. The debts you can discharge in bankruptcy include:
Example. After losing his job, Sam couldn't meet his monthly bills and moved in with a friend, who explained how he got back on his feet by filing for Chapter 7 bankruptcy. After meeting with a bankruptcy lawyer, Sam filed for Chapter 7 and was able to discharge $20,000 in credit card debt, $10,000 in dental bills from a past reconstruction, and the unpaid rent from his previous apartment. During the Chapter 7 process, he was able to find a new job and restart his life free of debt.
Tip. Necessary items charged shortly before bankruptcy can be discharged, but make sure they're basic things needed to live, like food, inexpensive winter boots, and needed repairs on a car you use to get to work. Keep receipts in case the trustee or creditor questions the expenses.
A creditor or trustee can challenge the dischargeability of any debt by filing an adversary proceeding (lawsuit) within the bankruptcy case. However, there are a few debts that you'll remain responsible for paying in every case:
Example. Heather filed for Chapter 7 after graduating from college. She was able to erase her credit card debt but, on the advice of counsel, didn't file an adversary proceeding to try to discharge her $75,000 in federal student loan debt. The lawyer explained that because she was employed and earned a reasonable income, she likely wouldn't be able to prove the "undue hardship" standard.
The news is good—you won't lose everything, and many people can keep everything they own. The Chapter 7 trustee can't sell property considered "exempt" under federal and state bankruptcy exemption laws, only "nonexempt" property that isn't covered by an exemption.
Common examples of exempt property include:
Example. Carlos listed everything he owned on Schedule A/B and filed it as part of his Chapter 7 petition. His property included furniture, kitchenware and linens, a television, a computer, a cellphone, clothing, books, a vehicle, and other ordinary household items, all several years old and not particularly valuable. Because bankruptcy exemptions covered everything Carlos owned, he was able to keep all his belongings in bankruptcy.
Both federal and state laws provide lists of exempt property, and ultimately, your state decides which set you can use. So the first step is to examine the bankruptcy exemptions allowed by your state to determine if you must use your state's exemptions or whether you can use the federal bankruptcy exemptions.
Tip. A simple way to determine whether Chapter 7 makes sense is to subtract the value of the property you'd lose from the debt you'd erase. If you'd come out significantly ahead, filing will likely be a sound financial decision.
If you have nonexempt property that you want to keep, most trustees will let you repurchase it for its fair market value, with many giving you a discount of up to 20% to take into account the sales costs.
Example. Joseph filed for Chapter 7 bankruptcy and exempted all his property on Schedule C except for his baseball card collection, which was worth $5,000. The trustee offered to sell it back to Joseph for $4,000, a 20% discount. Joseph declined and turned over the baseball cards to the trustee.
Tip. It might cross your mind to sell nonexempt property and purchase exempt property. Before doing this, consult a bankruptcy lawyer. Depending on the extent of the transaction and the laws of your jurisdiction, it might be considered a fraudulent attempt to avoid paying creditors.
When you have nonexempt assets, the trustee uses those assets to pay debts in a particular order. Priority debts include recently incurred income taxes and domestic support obligations. Bankruptcy law requires these important debts to be paid before any others, and they aren't often discharged. Nonpriority unsecured debts, such as credit cards and medical bills, aren't paid unless funds remain after paying priority debts.
The trustee doesn't use sales proceeds to pay secured debts, like car loans and mortgages, except in one situation—when the trustee sells the property. Because secured lenders have a lien attached to the property, the trustee must pay the lender in full before using the remaining proceeds to pay priority and nonpriority unsecured creditors.
Tip. If you have priority debts, a property sale by the trustee isn't quite so bad. The sales proceeds will be used to pay down the balance, which is good because you continue owing these nondischargeable debts after the case.
Learn more about secured, unsecured, and priority debts in bankruptcy.
Not everyone is eligible to file for Chapter 7 bankruptcy. To qualify, you must meet several requirements, the most challenging of which is passing the "means test."
The means test determines whether your income is low enough that you can't afford to repay a portion of your unsecured debts. It compares your average monthly income over the six months before filing with the median income for a household of your size in your state.
Tip. You'll want to learn about means test exceptions, along with expenses that will help you pass the means test. For instance, if your debts are primarily business debts, you won't need to take the means test.
The timing of your bankruptcy can affect your eligibility and the look-back period for your income. However, sometimes it can be in subtle ways you don't expect.
You might still pass the means test if you file soon after a significant income boost because the means test averages your income over six months. However, you shouldn't assume you'll actually qualify for Chapter 7 because the trustee will also consider your current income and expenses reported on Schedules I and J. If they show you have disposable income you could use to pay creditors, the trustee will recommend a conversion to Chapter 13, even though you passed the means test.
Waiting periods between discharges also prevent the system from being used to intentionally avoid paying creditors.
If you file early, you won't be entitled to a discharge. The trustee will sell your property, pay creditors, and charge you a percentage for the efforts, leaving you responsible for any remaining balances. You'd likely do better to sell your property and negotiate with creditors outside of bankruptcy.
Tip. Filing for Chapter 13 without a discharge has benefits. You can force creditors into a payment plan and avoid creditor collection efforts under the protection of the bankruptcy court. Some jurisdictions even allow you to discharge qualifying debts in Chapter 7 before immediately filing Chapter 13 and proposing a Chapter 13 plan to pay nondischargable debts over time.
Property transfers are evaluated up to ten years and can be unwound for the benefit of creditors (although a one- to two-year look back is more common for most transactions). If you've transferred property or paid family or business associates within the past year or two, you'll want to consult with a bankruptcy lawyer about timing issues. Other issues the lawyer will review will include gifts and large creditor payments made shortly before bankruptcy.
To prevent Chapter 7 problems, it's essential that you don't try to use it to cover up inappropriate transactions and that you follow all bankruptcy procedures. The bottom line is that you don't want to hide property or give it away to prevent the trustee from selling it in Chapter 7.
Filing for Chapter 7 bankruptcy requires you to produce a detailed picture of your entire financial situation. Commonly required documents include:
Incomplete paperwork is a common cause of delay or dismissal. For more on what you'll need to gather, start with What Forms Do I Need to File in Chapter 7 Bankruptcy?
Filing for Chapter 7 bankruptcy involves accomplishing multiple tasks. Understanding what to expect will help you prepare properly and ensure a smooth process, which usually takes about four to six months. You'll obtain credit counseling before you file, attend the 341 meeting about 20-40 days after filing, and receive the discharge about 60 days after the meeting.
Here's a breakdown of the process:
During the 180 days before filing for bankruptcy, you must complete a credit counseling course from an approved agency intended to help you explore alternatives to bankruptcy. You'll need the completion certificate when you file your case.
You, or your attorney, start the bankruptcy by filing a "bankruptcy petition" with the court. The petition is a lengthy document that includes detailed information about your assets, liabilities, income, expenses, and creditors. You'll need to gather many financial documents to complete the forms, such as tax returns and pay stubs. You'll attach the credit counseling completion certificate to the petition.
Once you file the petition, schedules, and forms, the "automatic stay" goes into effect, stopping most creditors from taking collection actions. For instance, calls and letters, most wage garnishments, and collection lawsuits will come to a halt, with the debts likely being eliminated in the case. Foreclosures, repossessions, and evictions will also stop. Still, they'll likely continue once you receive the discharge, or even before if the creditor successfully asks the court to lift the automatic stay.
You can handle foreclosures and repossessions more permanently in Chapter 13. Bankruptcy doesn't help fix eviction problems for the most part. The stay is usually temporary in both chapters.
As discussed in the section on property, the court appoints a bankruptcy trustee to administer your Chapter 7 case. The Chapter 7 trustee's role is to review your petition and schedules, identify and liquidate nonexempt property, and distribute the proceeds to your creditors.
Within approximately 20 to 40 days after filing your petition, you will be required to attend a meeting of creditors, often referred to as the "341 meeting" (named after the section of the bankruptcy code that requires it). Despite the name, creditors rarely attend this meeting. The primary purpose is for the bankruptcy trustee to:
You must attend this meeting, and you will be under oath while answering the bankruptcy trustee's questions.
After the 341 meeting, the trustee will continue to review your submitted documents and assess your property to determine what is exempt and what is nonexempt. If you have nonexempt property, the trustee will take steps to liquidate it.
Before you can receive your bankruptcy discharge, you are required to complete a debtor education course from an approved agency. This course is designed to help you learn how to manage your finances more effectively in the future. You must complete this course after filing your bankruptcy petition.
In Chapter 7, the goal is to receive the debt discharge from the court. Most people are surprised that the discharge order doesn't list the specific debts discharged in your particular case. Instead, it explains that the following debts are nondischargeable:
The Chapter 7 discharge order also reminds filers that if they entered into a reaffirmation agreement, the associated debt isn't discharged (reaffirmation agreements are used most commonly for vehicles, but can also be used for RVs and other secured debt). It also points out that the discharge doesn't stop creditors from collecting from cosigners and codebtors. Most other debts are dischargeable, and once discharged, creditors can't collect the debt.
If you complete all Chapter 7 requirements, including filing the debtor education completion certificate, you should receive the discharge order about 60 days after the trustee concludes the 341 meeting.
The case is typically closed a few days after the court issues the discharge order. However, it might remain open if the trustee has additional work to finish, such as selling property or resolving litigation.
Learn more about when a Chapter 7 bankruptcy case ends.
Chapter 7 isn't the only option for solving financial difficulties, and sometimes other options are more suitable. Before proceeding, you'll want to consider the benefits of Chapter 13 and other alternatives available to you. Here are some common alternatives to consider:
A credit counselor or bankruptcy attorney can discuss these options with you in more detail.
Here are answers to some frequently asked questions about filing for Chapter 7 bankruptcy.
You can expect to receive your discharge in about four to five months. The bankruptcy court will close the case after the trustee sells any nonexempt property or resolves outstanding litigation.
Although a Chapter 7 notation will remain on your credit report for up to ten years, the impact lessens over time. It's not uncommon for debtors to rebuild their credit surprisingly quickly after discharge.
Yes, but waiting periods are in place to prevent people from routinely accumulating and discharging debt. The waiting period is eight years between Chapter 7 discharges (calculated from the filing date). If you previously filed for Chapter 13, you'll wait six years unless you repaid 75% or 100% of your unsecured debts.
Generally, no. All filers must attend the 341 meeting of creditors, but it's an informal hearing before the trustee appointed to your case. A bankruptcy judge isn't present.
Common examples of secured debt include a mortgage and a car loan. The debt is backed by a lien attached to collateral, such as a house or car. If you don't pay a secured debt, the lender can seize the collateral. By contrast, typical examples of unsecured debt include major credit card balances and medical bills. These debts are unsecured because the creditor doesn't have a lien against property that the creditor can seize if you don't pay.
You can surrender the property in Chapter 7 and discharge the secured debt, or keep it by continuing payments or redeeming it. Most unsecured debts are discharged in Chapter 7 without repayment.
Chapter 7 can discharge some older income tax debts that meet somewhat complicated requirements (check with a lawyer), but most tax debts aren't dischargeable. Student loans can be discharged if you can prove "undue burden" in an adversary proceeding. Although this burden is difficult to meet, changes were made in recent years to streamline the process for those who qualify.
It remains difficult, but not impossible, to eliminate student loan debt in bankruptcy. Since 2022, changes to federal policy have made the ‘undue hardship' process more standardized, giving some filers a better chance at a fresh start. Consult a knowledgeable bankruptcy attorney to discuss your options for paying or discharging student loans in bankruptcy.
If you run a sole proprietorship or are self-employed and considering bankruptcy, it's imperative to list all business assets and debts. Be aware that the trustee will sell nonexempt business equipment and other property. If your business debts are substantial or if you want to keep business property, ask about Chapter 13 for business owners or subchapter V of Chapter 11. Learn about Chapter 7 bankruptcy for small businesses.
No. Businesses, other than sole proprietors, aren't entitled to a debt discharge. Instead, the Chapter 7 trustee sells the business property for the creditors, essentially dismantling the business. Because there isn't much benefit to Chapter 7 from a business perspective, it's rare for companies to file under this chapter. Learn more about small business bankruptcy options.
Married couples can file a joint bankruptcy petition or file separately. Joint cases are often efficient if most debts or property are shared, but require disclosure of both parties' finances. Separate filings can help protect a non-filing spouse's assets, but might not cover shared debts. State community property rules and other laws often affect this decision, so it's best to seek professional counsel. Learn more about whether married couples should file bankruptcy together.
Your bankruptcy discharge will soon be followed by credit card offers (usually at high interest) and new financial opportunities. Carefully review your credit report to confirm all discharged debts are marked accordingly, and use credit sparingly and wisely as you rebuild. Responsible financial habits are key to making your fresh start last. Learn when you'll qualify for a mortgage after bankruptcy.
It's possible to file your own Chapter 7 case, especially for simpler matters. However, you must follow bankruptcy laws precisely, and they don't always make logical sense. In most cases, it's well worth the cost to retain a qualified bankruptcy attorney who can:
It's essential to look for a bankruptcy lawyer with experience in bankruptcy law. Use the free initial consultation offered by most to determine whether the lawyer can provide the expertise and support you require.
Did you know Nolo has made the law accessible for over fifty years? It's true, and we wholeheartedly encourage research and learning. You can find many more helpful bankruptcy articles on Nolo's bankruptcy homepage. Information needed to complete the official downloadable bankruptcy forms is on the Department of Justice U.S. Trustee Program website.
However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.
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