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.
If your attorney fails to file required documents or misses critical deadlines, this may constitute bankruptcy attorney malpractice. Courts require attorneys to disclose all fees under Section 329 attorney fee disclosure requirements.
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. Be aware that some discharged debts may trigger tax debts and bankruptcy complications with the IRS.
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