What debts can be discharged in Chapter 7?
Most unsecured debts can be discharged, including:

• Credit card debt

• Medical bills

• Personal loans

• Utility bills

• Some older tax debts

However, certain debts cannot be discharged, such as:

• Student loans (in most cases)

• Recent tax debts

• Child support and alimony

• Court fines and certain judgments

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Will I lose my home or car if I file Chapter 7?
Not necessarily. If you're current on your mortgage or car loan and the equity in those assets is protected by exemption laws, you may be able to keep them. Each state has its own exemption rules, and your attorney can help assess what assets you can retain.

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How long does a Chapter 7 case take?
A typical Chapter 7 case takes about 3 to 4 months from the date of filing to the discharge of debts. Some cases may take longer if there are complications, such as disputes with creditors or non-exempt assets involved.

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Will filing Chapter 7 stop creditor harassment?
Yes. Once you file, an automatic stay goes into effect immediately. This stops most collection activities, including phone calls, letters, lawsuits, wage garnishments, and even foreclosures—at least temporarily.

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How will Chapter 7 affect my credit?
Chapter 7 bankruptcy will stay on your credit report for up to 10 years. However, many people see their credit begin to improve within a year after filing, especially if they take steps to rebuild their credit responsibly. For many, the impact is outweighed by the relief from overwhelming debt.

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Can I file Chapter 7 more than once?
Yes, but you must wait 8 years from the date of a previous Chapter 7 discharge before filing again. Other rules apply if you’ve filed under a different chapter previously.

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Do I need an attorney to file Chapter 7?
While it’s legally possible to file without an attorney, bankruptcy law is complex and mistakes can cost you time, money, or even your discharge. Working with an experienced bankruptcy attorney ensures your case is handled correctly and helps you get the maximum protection available.

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What’s the first step to filing Chapter 7?
The first step is to schedule a free consultation with a bankruptcy attorney. They’ll review your financial situation, determine if Chapter 7 is right for you, and explain the process in detail.

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Will I have to go to court if I file Chapter 7?
Most Chapter 7 filers do not need to appear in a courtroom. However, you are required to attend a 341 Meeting of Creditors, which is a brief, non-confrontational meeting with the bankruptcy trustee. Creditors may attend but usually do not. Your attorney will be with you during this meeting.

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Can I keep my tax refund in Chapter 7?
It depends. Tax refunds are considered assets, and whether you can keep yours depends on timing and available exemptions. If your refund is for a tax year before you filed, or you file early in the year, it may be partially or fully at risk unless it's protected by exemptions. Planning with your attorney is key.

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What happens to my co-signers if I file Chapter 7?
Chapter 7 does not protect co-signers from collection. If someone co-signed a loan for you, creditors may pursue them for repayment. If protecting a co-signer is important, Chapter 13 may be a better option in some cases.

 

Can I keep any credit cards after bankruptcy?
Most credit card accounts will be closed by the lender, even if you have no balance. After your case is discharged, you may begin rebuilding credit and may receive offers for new cards, often with higher interest rates or secured terms.

 

Can filing Chapter 7 stop a wage garnishment?
Yes. Once your bankruptcy is filed, the automatic stay will immediately stop most wage garnishments. In many cases, you may even recover some wages that were garnished shortly before filing, depending on the amount and timing.

 

Can I include back rent or eviction notices in Chapter 7?
Yes, past-due rent is an unsecured debt and can be included. However, if your landlord has already obtained a judgment for eviction, the automatic stay may only pause the process temporarily. Timing is critical, and you should speak with an attorney immediately if facing eviction.

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Will I lose my retirement accounts or Social Security benefits?
Generally, retirement accounts (like 401(k)s and IRAs) and Social Security benefits are protected in Chapter 7, as long as they are properly identified and segregated from other funds. It's important to disclose all sources of income and assets to your attorney to ensure protection.

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