Chapter 7 Bankruptcy Process: Step-by-Step
​Step 1: Free Consultation With a Bankruptcy Attorney
Your journey starts with a confidential consultation with an experienced bankruptcy lawyer.
What happens during this step:
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Review your income, assets, debts, and goals
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Determine if Chapter 7 is the right solution
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Discuss alternatives like Chapter 13 or debt settlement
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Explain legal fees and payment options
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Step 2: Gather Required Financial Documents
To prepare your bankruptcy petition, you’ll need to collect:
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Pay stubs (last 6 months)
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Tax returns (last 2 years)
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Bank statements
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Credit card and loan statements
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Mortgage and car loan info
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Monthly expense details
Your attorney will help you organize everything.
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Step 3: Complete Credit Counseling Course
Before you can file, you must complete a credit counseling course from a government-approved provider. It takes about 1 to 2 hours and can be done online or by phone.
After completion, you’ll receive a certificate to include in your bankruptcy filing.
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Step 4: File Your Chapter 7 Bankruptcy Petition
Your attorney will file your completed petition with the U.S. Bankruptcy Court. This includes:
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Your income and expense statements
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A full list of debts and creditors
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A list of assets and property
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Your credit counseling certificate
Once filed, the automatic stay goes into effect — which means:
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Debt collection stops
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Creditors must stop calling
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Wage garnishments end
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Lawsuits are put on hold
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Step 5: Meet With the Bankruptcy Trustee (341 Meeting)
About 30 days after filing, you’ll attend the 341 meeting of creditors. This is a short, informal meeting (not a court hearing) where:
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You answer questions under oath from the trustee
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Creditors may attend (though most don’t)
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You verify your identity and documents
Most meetings last just 5 to 10 minutes. Your attorney will attend with you.
👉 [Learn more: What Happens at a 341 Hearing »]
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Step 6: Complete Second Credit Counseling Course
After your 341 meeting, you’ll need to complete a Debtor Education course, also called a “personal financial management course.”
This is the second and final course required to receive your discharge. It can also be completed online.
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Step 7: Receive Your Chapter 7 Bankruptcy Discharge
Approximately 60 to 90 days after the 341 meeting, you will receive your official bankruptcy discharge.
This means:
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Most unsecured debts are permanently eliminated
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You are no longer legally required to pay them
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You get a fresh financial start
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How Long Does Chapter 7 Bankruptcy Take?
The average Chapter 7 case takes about 3 to 4 months from start to finish. However, delays can happen if:
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You miss deadlines or paperwork
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The trustee requests additional documents
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Creditors challenge the discharge (rare)
Your attorney will help keep your case on track.
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What Debts Are Discharged in Chapter 7?
Most unsecured debts are wiped out, including:
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Credit card balances
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Medical bills
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Personal loans
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Past-due utility bills
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Certain old tax debts
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Payday loans
However, some debts cannot be discharged, such as:
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Student loans (in most cases)
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Recent tax debt
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Child support or alimony
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Court fines and restitution
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Will I Lose My Property?
In most cases, you can keep your home, car, and personal belongings — especially if they fall under bankruptcy exemptions.
Your attorney will review your assets and explain what’s protected under state and federal exemption laws.
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Let Us Help You Through the Chapter 7 Bankruptcy Process
Filing for bankruptcy can feel overwhelming — but you don’t have to go through it alone. At Mosakowski Law, we’ve helped people throughout Florida eliminate debt and rebuild their lives.
We make the process simple, affordable, and stress-free.​
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Book Your Free Consultation Today
Get in touch so we can start working together.