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Option 6 · Bankruptcy

Bankruptcy: The Legal Reset

Bankruptcy has a heavy reputation, but for some people it's the fastest, cheapest and most complete fix. It's worth understanding even if you never file.

Last reviewed November 2026

Chapter 7 ("liquidation")

  • Wipes out most unsecured debt, usually in about 4–6 months
  • Must pass a means test based on income
  • A trustee can sell non-exempt property, but many filers keep everything because of exemptions
  • Filing fee: $338

Chapter 13 ("repayment plan")

  • A 3–5 year court-supervised payment plan
  • Can stop foreclosure and let you catch up on a mortgage or car loan
  • Often pays unsecured creditors only part of what's owed
  • Filing fee: $313

What bankruptcy does right away

Filing triggers an automatic stay, which stops most collection calls, lawsuits, wage garnishments and bank levies the moment the case is filed. If you're being sued or garnished, that alone can matter more than anything else on this site.

Steps in a typical case

  1. Take a credit counseling course from an approved provider within 180 days before you file. It's required, and usually low-cost or free if you qualify.
  2. File the petition and schedules listing income, expenses, assets and debts.
  3. Attend the meeting of creditors (the "341 meeting"), usually short, where a trustee asks questions under oath. Creditors rarely show up.
  4. Complete a debtor education course before your discharge.
  5. Receive your discharge, which legally ends your obligation to pay the discharged debts.

Debts bankruptcy usually can't erase

The real costs

When it's worth a consultation

Free and low-cost help: legal aid, your state bar's lawyer referral service, and the official overview at uscourts.gov. You can also file without a lawyer, but it's easy to make costly mistakes.

Common questions

How much does it cost to file for bankruptcy?

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Chapter 7 filers with low income can ask the court to waive the fee or pay it in installments. Attorney fees vary widely by location and case complexity.

How long does bankruptcy stay on your credit report?

A Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the filing date. A Chapter 13 bankruptcy generally stays for up to 7 years.

What debts can't be discharged in bankruptcy?

Common examples include child support and alimony, most recent tax debts, criminal fines and restitution, debts from drunk-driving injuries, and usually student loans unless you prove undue hardship.

Bankruptcy or settlement?

They're closer than people think. Here's how they compare on cost, time and credit.

Compare them

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