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How Hard Is It to File Chapter 7 Bankruptcy?

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    Means Testing

    • Everyone filing Chapter 7 bankruptcy must pass a federal means test (see Resources below.) Those who make more than their state's median income will likely need to file Chapter 13.

    Credit Counseling

    • All bankruptcy filers must pursue federally approved credit counseling (see Resources below) and prove they completed a session before their papers will be accepted by the court.

    Assets

    • A list of assets will be reviewed by the federal bankruptcy court during a Chapter 7 case. Retirement accounts cannot be seized to offset creditor losses, but most other assets can.

    Debts

    • Some debts cannot be discharged through Chapter 7 bankruptcy, including almost all student loans, taxes less than three years old, child support, court fines, and drunken driving-related lawsuits.

    Time Frame

    • It takes anywhere from four to eight months to finalize a Chapter 7 case, during which time no new debt can be accrued and no assets can be sold or transferred without court permission.

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