Quick Answer
Filing bankruptcy takes 5 key steps: (1) complete credit counseling, (2) gather your financial documents, (3) file your petition and schedules with the court, (4) attend the 341 meeting of creditors, and (5) complete debtor education. Chapter 7 takes about 4 months. Chapter 13 takes 3 to 5 years. See the full step-by-step guide.
Step 1: Credit Counseling
Complete a credit counseling course from a UST-approved provider. 60-90 minutes, online/phone/in-person. Certificate valid 180 days. Cost: $10-50.
Step 2: Choose Your Chapter
| Factor | Chapter 7 | Chapter 13 |
|---|---|---|
| Duration | 3-6 months | 3-5 years |
| Income | Must pass means test | Regular income required |
| Property | Non-exempt may be sold | Keep all; pay through plan |
| Mortgage arrears | Cannot cure | Can cure through plan |
| Filing fee | $338 | $313 |
Step 3: Gather Documents and Complete Forms
You need: pay stubs (6 months), tax returns (2 years), bank statements, loan documents, property records, and a list of all creditors. You will also need to complete the means test form.
- Petition (Form 101)
- Schedules A/B through J
- Statement of Financial Affairs (Form 107)
- Means Test (Form 122A/122C)
Step 4: File the Petition
File with the bankruptcy court in your district. The automatic stay takes effect immediately, stopping most creditor actions including garnishment, foreclosure, and collection calls.
Step 5: 341 Meeting of Creditors
20-40 days after filing. The trustee asks questions under oath. Usually 5-15 minutes.
Step 6: Financial Management Course
Complete debtor education from an approved provider. File certificate before discharge.
Step 7: Receive Your Discharge
Ch.7: ~60 days after 341 meeting. Ch.13: after all plan payments (3-5 years). If you have filed before, check the waiting periods that may affect your discharge eligibility.
Check Your Discharge Eligibility
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Related Resources
meanstest.org -- Means test explained
341meeting.org -- 341 meeting guide
prosedebtors.org -- Filing without an attorney