Bankruptcy is filed under federal law, but each state determines which of your assets are protected ('exempt') from creditors during the process — and roughly a third of states require filers to use the state's own exemption list rather than the federal one.
Federal law requires an approved credit counseling course within 180 days before filing, regardless of chapter.
The means test compares your income to your state's median household income to determine which chapter you qualify for.
Homestead, vehicle, and personal property exemptions determine what you keep versus what a trustee can liquidate.
This includes a full accounting of assets, debts, income, and expenses, filed under penalty of perjury.
A brief hearing where the trustee and any creditors can ask questions about your filing, typically the only in-person step in an otherwise routine case.
Filing deadlines, court structures, and procedural rules that materially differ from state to state.
Most unsecured debt like credit cards and medical bills can be discharged. Certain obligations — including most student loans, recent tax debt, and child support — generally are not dischargeable.
Exemption laws are specifically designed to let filers keep necessary property in the large majority of cases, particularly in Chapter 13 where secured debts are repaid through a structured plan.
Chapter 7 remains for up to 10 years from the filing date; Chapter 13 remains for up to 7 years, though many filers see credit score recovery begin well before either period ends.