Talk to a lawyer

Start from the debt that worries you most

Secured debts

Other debts

Choose how you file, with the trade-offs laid out

With help

On your own

Bankruptcy, explained in plain English

Know your options before you file

Clear guides to Chapter 7, Chapter 13, student loans and the debts that worry you most. Independent, checked against official court and government sources, and never a substitute for a lawyer's advice.

Which chapter fits me?Talk to a lawyer

Each section lists the official sources behind it.

Chapter finderAnswer a few plain questions for a first orientation

Start with your situation

What is weighing on you most?

Sources (12)
  1. 11 U.S. Code § 521(a)(2) (Cornell LII) law.cornell.edu
  2. Glossary of Legal Terms (uscourts.gov) uscourts.gov
  3. 11 U.S. Code § 722 (Cornell LII) law.cornell.edu
  4. Chapter 13 - Bankruptcy Basics uscourts.gov
  5. 11 U.S. Code § 1322(b)(5) (Cornell LII) law.cornell.edu
  6. 11 U.S. Code § 523(a)(8) (Cornell LII) law.cornell.edu
  7. DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022) justice.gov
  8. Discharge in Bankruptcy - Bankruptcy Basics uscourts.gov
  9. Chapter 7 - Bankruptcy Basics uscourts.gov
  10. Chapter 11 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  11. U.S. Bankruptcy Court, C.D. Cal.: Attorney, Are All Debtors And Creditors Required To Have One? cacb.uscourts.gov
  12. U.S. Bankruptcy Court, D.N.M.: Local Rule 1074-1 nmb.uscourts.gov

Chapter finder

Which chapter fits me?

Five plain questions and a first orientation, with the reasons and the guide behind it.

A little about your situation

01Who is the debt for?
Who is the debt for?
02Are you behind on a home or car loan you want to keep?
Are you behind on a home or car loan you want to keep?
03Do you have regular income?
Do you have regular income?
04Is your household income below your state's median?
Is your household income below your state's median?
05Have you received a bankruptcy discharge before?
Have you received a bankruptcy discharge before?

This finder needs JavaScript to show your orientation. You can still read the questions, explore Chapter 7 or explore Chapter 13.

Compare the chapters

Chapter 7, 13 and 11 at a glance

How the most common chapters compare. General information, not legal advice.
Chapter 7LiquidationChapter 13Repayment planChapter 11Reorganization
What it doesA trustee may sell property that is not protected (nonexempt) and pay creditors.A plan to repay debts over time while keeping your property.A reorganization, usually of a business. Individuals can file too.
Who can fileIndividuals and businesses. Individuals face a means test based on income.Individuals with regular income whose debts are within the limits.Businesses and individuals. Small businesses may use the simpler Subchapter V.
How long it takesThe discharge usually comes about 60 to 90 days after the first date set for the meeting of creditors.The plan usually lasts three to five years.It depends on the reorganization plan.
Keeping your homeExempt property is protected from the sale that pays unsecured creditors, but a mortgage lender may still be able to take back the home.The plan can cure a missed mortgage payment while regular payments continue.It depends on the plan and the business.
Court fees$338 (fee schedule effective December 1, 2023)$313 (fee schedule effective December 1, 2023)$1,738 (fee schedule effective December 1, 2023)

Chapter 7 fees can sometimes be paid in up to four installments. If income is below 150% of the poverty level and you cannot pay even in installments, the court may waive them.

Any bankruptcy can stay on a credit report for up to 10 years.

Sources (11)
  1. Chapter 7 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  2. Chapter 13 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  3. Chapter 11 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  4. Glossary of Legal Terms (uscourts.gov) uscourts.gov
  5. Federal Register, 90 FR 8941 (Feb. 4, 2025), Judicial Conference: Adjustment of Certain Dollar Amounts Applicable to Bankruptcy Cases govinfo.gov
  6. U.S. Trustee Program: Subchapter V justice.gov
  7. 11 U.S. Code § 1322(b)(5) (Cornell LII) law.cornell.edu
  8. 28 U.S. Code § 1930 (Cornell LII) law.cornell.edu
  9. Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov) uscourts.gov
  10. CFPB: How long does a bankruptcy appear on credit reports? consumerfinance.gov
  11. 15 U.S. Code § 1681c(a)(1), FCRA (Cornell LII) law.cornell.edu

How it works

From first question to a clear next step.

  1. Step 1

    Understand

    Read the plain-English guides to Chapter 7, Chapter 13 and the debts behind them.

    Compare the chapters
  2. Step 2

    Decide

    Answer a few questions in the chapter finder for a first orientation and the reasons behind it.

    Open the finder
  3. Step 3

    Act

    Talk to a lawyer, or learn what representing yourself involves before you choose.

    Lawyer or pro se
A young graduate reading paperwork at a desk by a city window

Student loans

Can bankruptcy erase student loans?

Usually not. The exception is when repaying would cause an undue hardship for you and your dependents.

To ask for a discharge you file a separate case inside your bankruptcy, called an adversary proceeding.

Since November 2022, federal loan cases can use an attestation form that the Justice Department reviews with the Department of Education.

What government attorneys look at

  • Whether you can pay now
  • Whether that is likely to continue
  • Whether you made good-faith efforts to repay

Federal repayment options changed in 2025. Check studentaid.gov for the current plans before you decide.

Sources (4)
  1. 11 U.S. Code § 523(a)(8) (Cornell LII) law.cornell.edu
  2. DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022) justice.gov
  3. U.S. Trustee Program: Student Loan Guidance justice.gov
  4. FSA Partners: Federal Student Loan Program Provisions Effective Upon Enactment Under the One Big Beautiful Bill Act (July 18, 2025) fsapartners.ed.gov

Lawyer or pro se

File with a lawyer, or on your own?

You can file on your own, called filing pro se. The federal courts strongly recommend getting advice from a qualified attorney first.

A bankruptcy attorney reviewing documents with a client

With a lawyer

  • Advice on which chapter fits your situation and what you can keep
  • Help with the forms, the deadlines and the meeting of creditors
Connect to a bankruptcy lawyer
A man preparing bankruptcy paperwork on his own at a library table

On your own

  • Court staff and judges are not allowed to give legal advice.
  • Mistakes or misunderstandings of the law can affect your rights.
  • A petition preparer can type your forms but cannot give legal advice.
Get the Pro Se Guide
Sources (2)
  1. Filing Without an Attorney (uscourts.gov) uscourts.gov
  2. 11 U.S. Code § 110(a)(1) (Cornell LII) law.cornell.edu

Guides

Start here

All guides
01Chapter 7, step by stepLiquidation, the means test and what a discharge covers.02How Chapter 13 plans workRepayment over time, the trustee and keeping your home.03Credit counseling before you fileRequired within the 180 days before filing, from an approved agency.04Keeping your carSurrender, redemption or reaffirmation, and how each works.
Sources (6)
  1. Chapter 7 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  2. Glossary of Legal Terms (uscourts.gov) uscourts.gov
  3. Chapter 13 - Bankruptcy Basics (uscourts.gov) uscourts.gov
  4. 11 U.S. Code § 109(h)(1) (Cornell LII) law.cornell.edu
  5. U.S. Trustee Program: List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. 111 justice.gov
  6. 11 U.S. Code § 521(a)(2) (Cornell LII) law.cornell.edu

FAQ

Questions people ask first

Sources (9)
  1. Glossary of Legal Terms (uscourts.gov) uscourts.gov
  2. 11 U.S. Code § 362(a)(3), (a)(6) (Cornell LII) law.cornell.edu
  3. CFPB: How long does a bankruptcy appear on credit reports? consumerfinance.gov
  4. 15 U.S. Code § 1681c(a)(1), FCRA (Cornell LII) law.cornell.edu
  5. Filing Without an Attorney (uscourts.gov) uscourts.gov
  6. Chapter 7 - Bankruptcy Basics uscourts.gov
  7. 11 U.S. Code § 109(h)(1) (Cornell LII) law.cornell.edu
  8. U.S. Trustee Program: Credit Counseling & Debtor Education Information justice.gov
  9. Discharge in Bankruptcy - Bankruptcy Basics uscourts.gov

Will filing stop the collection calls?

Filing triggers an automatic stay that stops most collection actions, including calls and letters, lawsuits, garnishments and foreclosures. It has limits, for example for child support.

How long does bankruptcy stay on my credit report?

Up to 10 years from the date of the order, according to the Consumer Financial Protection Bureau.

Can I file without a lawyer?

Yes. Individuals can file pro se, but the federal courts strongly recommend advice from a qualified attorney, and court staff cannot give legal advice.

Do I have to take a course?

Almost everyone must complete credit counseling from an approved agency within the 180 days before filing, and a separate debtor education course after filing.

Can my employer fire me for filing?

Employers may not discriminate against you only because you filed for bankruptcy.