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Chapter 7 bankruptcy

Chapter 7, explained without the jargon

Chapter 7 clears most unsecured debt, like credit cards and medical bills, in about four months. Here is how it works and who it is for.

What it does

When you file, a court order called the automatic stay stops most collection at once: the calls, the lawsuits, the wage garnishments. A trustee reviews your paperwork, and if it is in order, the court issues a discharge. The debts it covers are gone, and creditors cannot try to collect them again.

The means test, in plain words

Chapter 7 is meant for people who cannot repay. The means test checks that by comparing your last six months of household income with the median income for a household your size in your state. Many people pass on that first step. If you don’t, a second step subtracts set living expenses to see what would be left to repay.

What you keep

Exemptions protect the property you need: usually a car up to a set value, household goods, the tools of your trade, retirement accounts and some equity in a home. The trustee can sell what isn’t exempt, which is why I list everything you own before we file, not after.

What Chapter 7 clears, and what it leaves

Not every debt goes away. Before you file, you will know which of yours would remain.

  • Usually cleared

    • Credit cards and store cards

    • Medical and hospital bills

    • Personal and payday loans

    • Old utility and phone bills

    • Most court judgments for these debts

  • Usually left

    • Child support and alimony

    • Most student loans

    • Recent income taxes

    • Fines, and debts from fraud

    • A car or house loan, if you keep the car or house

Smaller questions about Chapter 7

How long does it take?

About four months from filing to discharge, plus the two or three weeks it takes to gather your paperwork.

Can I keep a credit card?

Every card with a balance has to be listed. A card with no balance can sometimes stay open, though the bank may close it anyway.

What if I’ve filed before?

There is an eight-year wait between Chapter 7 discharges, and other waits between Chapter 7 and Chapter 13. Tell me the date of your last case and I’ll check.

See whether Chapter 7 fits your numbers

Bring a few pay stubs and the bills that worry you most. In half an hour you’ll know.