{"id":35623,"date":"2026-04-18T14:57:27","date_gmt":"2026-04-18T14:57:27","guid":{"rendered":"https:\/\/indafunds.com\/?p=35623"},"modified":"2026-04-18T14:57:29","modified_gmt":"2026-04-18T14:57:29","slug":"how-to-file-for-bankruptcy-chapter-7-and-13","status":"publish","type":"post","link":"https:\/\/indafunds.com\/?p=35623","title":{"rendered":"How to File for Bankruptcy: Chapter 7 and 13"},"content":{"rendered":"<div id=\"\">\n<div class=\"rds-RichText_1 \">\n<p>If you feel backed into a corner by debt and you\u2019re thinking about filing for bankruptcy, we see you. We know you\u2019re scared. But you <em>can<\/em> get through this.\n    <\/p>\n<div class=\"BlogInsert-copy\">\n<p>Pay off debt fast and save more money with <em>Financial Peace University<\/em>.<\/p>\n<\/p><\/div>\n<p>Let\u2019s talk through what you need to know about filing for bankruptcy, so you can be as prepared as possible.\n    <\/p>\n<h2>Should You File for Bankruptcy?<\/h2>\n<p>Bankruptcy is a long, gut-wrenching process. So, you need to be 100% sure it\u2019s the right choice for your financial situation.\n    <\/p>\n<p>Many people panic and file as soon as the debt collectors\u00a0start calling. But even if you\u2019ve got a lot of debt, bankruptcy is rarely your only option. In fact, you should do everything in your power to avoid it.\n    <\/p>\n<p>And while bankruptcy can stop the repo man from taking your car, collectors from taking money out of your paycheck, and even the bank from foreclosing on your home, it doesn\u2019t make all your problems go away.\n    <\/p>\n<p>For starters, bankruptcy\u00a0<em>doesn\u2019t<\/em>\u00a0erase all debts, including:\n    <\/p>\n<p>Plus, a bankruptcy\u00a0stays on your credit report\u00a0for up to 10 years\u2014which can keep you from getting a job, taking out a mortgage, or starting a business. So, even if it seems like bankruptcy will give you a fresh start, the cost might be more than you\u2019re willing to pay.\n    <\/p>\n<h2>Chapter 7 vs. Chapter 13<\/h2>\n<p>Chapter 7 and Chapter 13 are the most common\u00a0types of bankruptcies\u00a0for individuals. Which one you should file mostly depends on your income and what\u00a0types of debt\u00a0you have.\n    <\/p>\n<p>In a\u00a0Chapter 7 bankruptcy, you\u2019re forced to sell your stuff to pay back what you owe to creditors, and your unsecured debt (like medical bills and credit cards) is cleared. Most bankruptcy cases are Chapter 7.\n    <\/p>\n<p>Now, there are some exceptions to what you have to sell (aka <em>exempt property<\/em>). But the only way to guarantee that you get to keep your house, car or other assets is to reaffirm the debt\u2014which means you agree to keep making payments on them. In order to qualify for Chapter 7 bankruptcy, the court has to decide if your income is too low to pay back your debt (this is called the\u00a0<em>means test<\/em>).\n    <\/p>\n<p>With a\u00a0Chapter 13 bankruptcy, you get to keep your stuff, but you also get put on a super tight budget and a court-approved plan to pay back some or all of your debt. To qualify for Chapter 13 bankruptcy, your total debt must be less than $2,750,000.<sup>1<\/sup>\n    <\/p>\n<h2>How to File for Bankruptcy in 11 Steps<\/h2>\n<p>If bankruptcy really is your last resort, then it\u2019s time to get prepared for the legal and emotional battle ahead. Let\u2019s break down each step of the bankruptcy process, so you have an idea of what to expect.\n    <\/p>\n<p>Take a deep breath. You\u2019re going to get through this.\n    <\/p>\n<p>1. Consult a bankruptcy attorney.<br \/>2. Gather and organize the necessary documents.<br \/>3. Take the required credit counseling course.<br \/>4. Fill out the bankruptcy forms.<br \/>5. Print and double-check your bankruptcy forms.<br \/>6. Make sure you have your filing fee.<br \/>7. File your forms at your local bankruptcy court.<br \/>8. Mail documents to your bankruptcy trustee.<br \/>9. Go to the meeting of creditors (341 meeting).<br \/>10. Complete a debtor education course.<br \/>11. Wait for discharge and deal with any leftover debt.\n    <\/p>\n<p><h3>1. Consult a bankruptcy attorney.<\/h3>\n<\/p>\n<p>You could choose to file for bankruptcy without an attorney (it\u2019s called filing\u00a0<em>pro se<\/em>). But you\u2019ll be a lot better off if you have a bankruptcy attorney in your corner.\n    <\/p>\n<p>So, just like you would hire someone to defend you in a trial, you want to hire a lawyer who\u2019s handled their fair share of bankruptcies before. You need someone who can offer expert advice about what to do and help take some of the stress out of the process\u2014especially when it\u2019s time to fill out paperwork.\n    <\/p>\n<p>You can find a bankruptcy lawyer on the American Bar Association\u2019s Legal Help website and through the Legal Services Corporation. Just a heads up, though\u2014bankruptcy lawyer fees aren\u2019t cheap. But if you can\u2019t afford an attorney, you may be able to get free legal help.\n    <\/p>\n<p><h3>2. Gather and organize the necessary documents.<\/h3>\n<\/p>\n<p>The first thing you need to do is figure out where you stand with your finances. Your money situation is going to be center stage throughout the whole bankruptcy process, so if there was ever a time to be organized, it\u2019s now.\n    <\/p>\n<h4>Documents You Need to File for Bankruptcy<\/h4>\n<p>List of Your Debts\n    <\/p>\n<ul>\n<li>Your credit report (Get a copy of your free yearly credit report from each of the major credit bureaus\u2014Experian, TransUnion and Equifax\u2014or on annualcreditreport.com.)<\/li>\n<li>Medical bills<\/li>\n<li>Credit card statements<\/li>\n<li>Records of any personal loans, car loans or tax debts<\/li>\n<li>Any proof that you owe\u00a0<em>anyone<\/em>\u00a0money<\/li>\n<\/ul>\n<p>List of Your Income\n    <\/p>\n<ul>\n<li>Tax returns for the past two years<\/li>\n<li>Pay stubs for the past six months or longer<\/li>\n<li>Current investment and retirement account statements<\/li>\n<li>Bank account statements for the past six months or longer<\/li>\n<li>Proof that anyone owes\u00a0<em>you<\/em>\u00a0money<\/li>\n<\/ul>\n<p>List of Your Assets\n    <\/p>\n<ul>\n<li>Real estate documents and mortgage statements<\/li>\n<li>Vehicle registration and information<\/li>\n<li>Value of property (List out how much your stuff is worth, especially your car and any real estate you own. You can group other items into categories\u2014such as clothes, electronics, etc.)<\/li>\n<li>Property tax exemptions<\/li>\n<li>Receipts or invoices for any major purchases you made in the last year (appliances, cars, jewelry, etc.)<\/li>\n<\/ul>\n<p>Other Documents\n    <\/p>\n<ul>\n<li>Personal identification (like your driver\u2019s license and Social Security card)<\/li>\n<li>Any documented communication you\u2019ve had with your creditors<\/li>\n<li>Insurance policies<\/li>\n<li>Any previous lawsuits you were involved in<\/li>\n<li>A detailed list of your monthly living expenses (food, utilities, shelter, transportation, etc.)<\/li>\n<\/ul>\n<p>A bankruptcy lawyer will be able to tell you more about the exact documents you\u2019ll need for your specific situation. But if it\u2019s got to do with your debts, income or assets, you\u2019ll probably need it.\n    <\/p>\n<p>And once you\u2019ve gathered your records and made copies, put them in a specific bankruptcy file so you can get to them easily.\n    <\/p>\n<p><h3>3. Take the required credit counseling course.<\/h3>\n<\/p>\n<p>Everyone who files for bankruptcy has to take a\u00a0credit counseling course\u00a0that\u2019s approved by the Department of Justice. In this course, you and someone from a credit counseling agency will talk about your finances to decide if bankruptcy is really the right choice.\n    <\/p>\n<p>The credit counseling course:\n    <\/p>\n<ul>\n<li>Must be completed within 180 days before you file for bankruptcy<\/li>\n<li>Usually takes about an hour to complete<\/li>\n<li>Can be taken in person, online or by phone<\/li>\n<li>Costs around $10\u201350, depending on where you take it (but if you don\u2019t make enough money to pay for the course, you can have the fee lowered or waived entirely)<\/li>\n<\/ul>\n<p><strong>Once you finish the course, make sure you keep your certificate of completion\u2014you\u2019ll need it when you file!<\/strong>\n    <\/p>\n<\/p><\/div>\n<div class=\"rds-RichText_1 \">\n<p><h3>4. Fill out the bankruptcy forms.<\/h3>\n<\/p>\n<p>Okay, you made it this far. Now it\u2019s time for the paperwork. This is the most mind-numbing step in the process, but it\u2019s important to get everything as exact as possible if you want your case to be approved.\n    <\/p>\n<p>Go ahead and get comfortable, because you\u2019ll have to fill out a bunch of forms (they\u2019re all\u00a0free to download here). You\u2019ll also need additional forms based on the state you live in and your specific case. These 70-plus pages ask you about your income, how much you spend, what you owe, what you own and more. (This is where all those documents you gathered in Step 1 come in handy.)\n    <\/p>\n<p>Now, we\u2019re going to be real with you\u2014there are <em>a lot<\/em> of details and plenty of math involved in this step. This is when you basically have to prove to a judge that you can\u2019t make ends meet because of your debt.\n    <\/p>\n<p>This part will be a lot easier if you have an attorney helping you. But if you\u2019re not able to hire a lawyer, try using a bankruptcy software that will help you figure out what forms you need. Some even let you file electronically.\n    <\/p>\n<p><h3>5. Print and double-check your bankruptcy forms.<\/h3>\n<\/p>\n<p>When you print out your bankruptcy forms, keep in mind that the court is pickier than a college English professor. Here\u2019s an important rule: Your forms need to be\u00a0<em>single-sided<\/em>\u00a0or the court won\u2019t accept them (and that would mean more work for you and a lot of wasted paper).\n    <\/p>\n<p>Most courts only need one copy of the petition (that\u2019s the section of the bankruptcy paperwork that proves you aren\u2019t able to pay back your debts). But some courts want as many as four copies. So, you\u2019ll need to double-check with your local bankruptcy court to nail down the exact number to print out. And of course, you\u2019ll want to save a copy for yourself.\n    <\/p>\n<p>After your forms are printed, go ahead and sign them so you\u2019re ready for the next step.\n    <\/p>\n<p><h3>6. Make sure you have your filing fee.<\/h3>\n<\/p>\n<p>Bankruptcy isn\u2019t cheap. On top of attorney fees, you also have to pay a fee just to file for bankruptcy. The total filing fee for a Chapter 7 bankruptcy is $335, and for a Chapter 13 bankruptcy it\u2019s $310.<sup>2,3<\/sup>\u00a0You\u2019ll have to pay this amount in exact change to the court in person.\n    <\/p>\n<p>If you don\u2019t have the money to cover the filing fee, you can ask for a payment plan to space out your fee (up to four payments over 120 days). Or if money is really tight, you can\u00a0submit a form\u00a0asking for the fee to be waived.\n    <\/p>\n<p><h3>7. File your forms at your local bankruptcy court.<\/h3>\n<\/p>\n<p>Now it\u2019s time to head to your\u00a0local courthouse\u00a0and turn in your bankruptcy forms. Not every experience is the same, but here\u2019s a general play-by-play of what you can expect when you go to file for bankruptcy in person:\n    <\/p>\n<p>After you go through security, head to the clerk\u2019s office (this is the person responsible for handling court records). The only thing you need to tell the clerk is \u201cI\u2019m here to file for bankruptcy.\u201d This is also when you give them your bankruptcy forms (don\u2019t forget your credit counseling course certificate) and the filing fee in\u00a0<em>exact\u00a0<\/em>change (or the forms for a payment plan or fee waiver, if that\u2019s you).\n    <\/p>\n<p>Then you\u2019ll take a seat while the clerk processes your case. It usually only takes about 15 minutes or so for them to scan and upload your forms into the court\u2019s system. Then the clerk will give you some important info that you need to hang on to:\n    <\/p>\n<ul>\n<li>Your bankruptcy case number<\/li>\n<li>The name of your bankruptcy trustee<\/li>\n<li>The date, time and location of your meeting with your trustee (aka the\u00a0meeting of creditors)<\/li>\n<\/ul>\n<p>At this point, your bankruptcy case is officially filed.\n    <\/p>\n<p>From now until the end of your case, debt collectors are legally not allowed to contact you to get money because of what\u2019s called\u00a0an\u00a0<em>automatic stay<\/em>. Also, creditors can\u2019t take money directly out of your paycheck, and any foreclosures or car repossessions are put on pause.\n    <\/p>\n<p>But filing your bankruptcy forms doesn\u2019t mean you\u2019re in the clear yet. There are some other key steps you have to take before your debts are gone.\n    <\/p>\n<p><h3>8. Mail documents to your bankruptcy trustee.<\/h3>\n<\/p>\n<p>Once you\u2019ve filed, you should be given the name of your bankruptcy trustee. A bankruptcy trustee is someone appointed by the court to handle your case. Sometimes they\u2019re lawyers, but not always.\n    <\/p>\n<p>Your trustee will ask you to send them certain documents like tax returns, pay stubs and bank statements. So, pay close attention to your mail and make sure you do everything the trustee says if you want your debts erased.\n    <\/p>\n<p><h3>9. Go to the meeting of creditors (341 meeting).<\/h3>\n<\/p>\n<p>About 20\u201340 days after you file, you\u2019ll have the meeting of creditors (also known as the\u00a0<em>341 meeting\u00a0<\/em>because it refers to Section 341 of the Bankruptcy Code). This is when you sit down with your bankruptcy trustee to make sure you didn\u2019t leave out any important info in your paperwork\u2014like forgotten debts or assets.\n    <\/p>\n<p>\u00a0\n    <\/p>\n<\/p><\/div>\n<div class=\"rds-RichText_1 \">\n<p>Unfortunately, like the name suggests, your creditors (aka the people you owe money to) are also on the invite list. But they don\u2019t always show up. If they do, it\u2019s usually to find out if you\u2019re giving up an asset (like a car or boat) or if you\u2019re reaffirming the debt in order to keep it (which means you\u2019re also keeping the payments).\n    <\/p>\n<p>This is the time to ask any questions you have about your case. It\u2019s also your chance to file an objection (or a formal complaint) if you feel a creditor has claimed a debt that\u2019s not true. So, come prepared and don\u2019t be afraid to speak up!\n    <\/p>\n<p>And even though this meeting doesn\u2019t take place in a courtroom, you\u2019re still under oath. So be honest and let the trustee know if there are any changes you need to make to your bankruptcy file. The last thing you want to do is seem like you\u2019re hiding something.\n    <\/p>\n<p><h3>10. Complete a debtor education course.<\/h3>\n<\/p>\n<p>While you wait for your case to be processed, you\u2019ll also need to complete a\u00a0<em>second\u00a0<\/em>financial management course\u2014specifically, a\u00a0debtor education course.\n    <\/p>\n<p>Bankruptcy isn\u2019t something you want to go through once, let alone multiple times. The goal of the debtor education course is to teach you how to make smarter money choices moving forward.\n    <\/p>\n<p>The debtor education course:\n    <\/p>\n<ul>\n<li>Needs to be completed within 60 days of your first meeting of creditors<\/li>\n<li>Usually takes at least two hours<\/li>\n<li>Costs between $10\u201350 (unless you\u2019re eligible for a waiver)<\/li>\n<\/ul>\n<p>Remember, you <em>must<\/em> complete this course if you want your debts cleared.\n    <\/p>\n<p><h3>11. Wait for discharge and deal with any leftover debt.<\/h3>\n<\/p>\n<p>You\u2019re almost done! But there are still a couple of things that need to happen before your bankruptcy case comes to a close, depending on which type of bankruptcy you filed.\n    <\/p>\n<p>If you filed Chapter 7, your debts will be cleared as soon as your trustee sells your nonexempt assets and pays off your creditors. Chapter 7 usually takes a couple of months from start to finish.\n    <\/p>\n<p>If you filed Chapter 13, you\u2019ve got to complete the payment plan and make sure all your creditors get their money before your debts can be erased. The whole process takes about three to five years, so don\u2019t count on your debts being erased right away. And if you fall behind on payments or don\u2019t stick to the plan, your case could be dismissed, putting you back at square one.\n    <\/p>\n<p>When your bankruptcy case is closed, you should get a letter in the mail telling you your debts have been cleared. Otherwise, you can always contact the clerk\u2019s office or check your case online, if your trustee gave you that option.\n    <\/p>\n<p>As soon as your debts are discharged, you\u2019re no longer legally required to pay back those debts. So hold onto that bankruptcy discharge letter as proof!\n    <\/p>\n<p>But remember, if you\u2019ve got any secured debt that you reaffirmed (usually a\u00a0car loan) or any debt that wasn\u2019t bankruptable (like those student loans), you still need to take care of that ASAP.\n    <\/p>\n<h2>Before You File for Bankruptcy<\/h2>\n<p>As you can see, bankruptcy isn\u2019t a quick or painless process. And it could take months or years\u00a0before you feel any relief. You may even go through the whole filing process only to not qualify for bankruptcy.\n    <\/p>\n<p>We know it may feel impossible right now, but there<em> are<\/em> ways you can knock out your debt without filing for bankruptcy: selling your stuff, increasing your income, negotiating with your creditors\u2014and most importantly, getting on a budget. These things can help you get back on your feet.\n    <\/p>\n<p>Trust us, paying off your debt on your <em>own<\/em> terms is a whole lot better than being forced to do it on the bankruptcy court\u2019s terms. But if bankruptcy is the path you decide to take, you <em>can<\/em> get through it. There is life after bankruptcy.\n    <\/p>\n<p>\u00a0\n    <\/p>\n<\/p><\/div>\n<\/div>\n<p>Read the full article <a href=\"https:\/\/www.ramseysolutions.com\/debt\/filing-bankruptcy\" target=\"_blank\" rel=\"noopener\" rel=\"nofollow\">here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>If you feel backed into a corner by debt and you\u2019re thinking about filing for bankruptcy, we see you. We know you\u2019re scared. But you can get through this. Pay off debt fast and save more money with Financial Peace University. Let\u2019s talk through what you need to know about filing for bankruptcy, so you [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":35624,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[28],"tags":[],"class_list":{"0":"post-35623","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news"},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.2 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>How to File for Bankruptcy: Chapter 7 and 13 | Inda Funds<\/title>\n<meta name=\"description\" content=\"If you feel backed into a corner by debt and you\u2019re thinking about filing for bankruptcy, we see you. We know you\u2019re scared. 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