Step-by-step guide: filing process, 3 districts, fees, means test income limits, credit counseling, and what to expect in North Carolina.
Complete a credit counseling course from a DOJ-approved provider within 180 days before filing. Online courses cost $15-$50 and take about 60-90 minutes. You will receive a certificate to file with your petition.
Chapter 7 eliminates most unsecured debts in 3-4 months. Chapter 13 creates a 3-5 year repayment plan. Your income, assets, and goals determine which chapter fits. Compare chapters.
You will need: 6 months of pay stubs, 2 years of tax returns, bank statements, a list of all debts, a list of all property and assets, monthly living expenses, and vehicle titles/registrations.
The bankruptcy petition package includes 20+ forms (schedules A-J, statement of financial affairs, means test form). File pro se or hire an attorney. Pro se filing guide.
File your petition with the correct North Carolina bankruptcy court. Filing triggers the automatic stay, immediately stopping collections, garnishments, foreclosures, and lawsuits.
Attend the meeting of creditors (30-45 days after filing). The trustee will ask questions under oath about your finances. Bring photo ID and Social Security card. Most meetings last 5-10 minutes.
Complete a debtor education course (different from credit counseling) before discharge. Cost: $15-$50 online. You must file the certificate with the court.
Chapter 7: discharge typically 60-90 days after the 341 meeting. Chapter 13: discharge after completing the 3-5 year plan. The discharge eliminates your personal liability on dischargeable debts.
North Carolina has 3 federal bankruptcy districts. You file in the district where you have lived for the greater part of the last 180 days.
Each district may have different local rules, trustee practices, and no-look fee amounts. Review local bankruptcy rules before filing.
$338 -- set by the Judicial Conference (same nationwide). Can be paid in up to 4 installments over 120 days. Fee waiver available for filers below 150% of poverty line (Form 103B).
$313 -- set by the Judicial Conference. Can be paid in installments. Fee waivers are NOT available for Chapter 13, but installment plans are. Full cost breakdown.
Federal law (11 U.S.C. Section 109(h)) requires all bankruptcy filers to complete credit counseling within 180 days before filing. The course must be from an agency approved by the U.S. Department of Justice for your district.
Find DOJ-approved credit counseling agencies for North Carolina
Cost: typically $15-$50 for an online course. Many agencies offer free courses for filers who cannot pay. The course takes 60-90 minutes and covers budgeting, debt management alternatives, and an assessment of your financial situation.
The means test determines whether you qualify for Chapter 7. If your household income is at or below these thresholds, you pass Part 1 and likely qualify.
| Household Size | Annual Threshold | Monthly Equivalent |
|---|---|---|
| 1 person | $63,339 | $5,278 |
| 2 persons | $82,340 | $6,861 |
| 3 persons | $96,275 | $8,022 |
| 4 persons | $112,110 | $9,342 |
| 5 persons | $123,210 | $10,267 |
| 6 persons | $134,310 | $11,192 |
For each additional person above 4, add approximately $11,100. Figures effective April 2026. Source: Census/DOJ.
Enter your income and household size for an instant result.
Means Test Calculator Discharge ScreenerState Exemptions Only
North Carolina requires filers to use state exemptions only. Federal exemptions under 11 U.S.C. Section 522(d) are not available.
Research North Carolina's homestead, vehicle, personal property, wildcard, and retirement exemptions before filing. Your exemptions determine what property you can keep in Chapter 7.
View North Carolina bankruptcy exemptions in detail
To file bankruptcy in North Carolina, you must: (1) complete credit counseling from a DOJ-approved provider, (2) gather 6 months of income documentation, (3) fill out the official bankruptcy forms (petition, schedules, statements), (4) file with the correct North Carolina bankruptcy court, and (5) pay the filing fee ($338 for Chapter 7, $313 for Chapter 13). You file in the federal district where you have lived for the greater part of the last 180 days.
The Chapter 7 means test in North Carolina compares your household income to the state median. For a single filer, the threshold is approximately $63,339 per year. For a family of four, approximately $112,110. If your income is below the median for your household size, you pass Part 1 of the means test.
The court filing fee for Chapter 7 is $338 and Chapter 13 is $313. Credit counseling costs $15-$50, and the debtor education course costs another $15-$50. If you hire an attorney, expect to pay $1,000-$3,500 for Chapter 7 and $2,500-$5,000 for Chapter 13 in North Carolina. You can file without an attorney (pro se) to save on legal fees.
North Carolina has 3 federal bankruptcy districts. You file in the district where you have lived for the greater part of the last 180 days. If you recently moved, the 180-day rule may require filing in your previous district.
From the Open Bankruptcy Project -- free information, no strings.
Discharge Screener Means Test Calculator