All Laws Decoded

What Happens When You File for Bankruptcy?

Before filing, an individual must complete credit counseling. Filing triggers an "automatic stay" that stops most collection actions, and a trustee is appointed to oversee the case. The debtor files schedules of assets, debts, income and expenses, attends a meeting of creditors, completes a debtor education course, and in most cases receives a discharge a few months after filing (in Chapter 7) or after finishing plan payments (in Chapter 13).

What the law says

FAQ

Do I have to go to court?
Usually the only formal proceeding a debtor must attend is the meeting of creditors, which is usually held at the offices of the U.S. trustee rather than in a courtroom.
What is the difference between credit counseling and debtor education?
Credit counseling must be completed before filing. Debtor education is a separate course taken after filing, and completing it is generally required to receive a discharge.
What is a "no asset" case?
If all of a Chapter 7 debtor's assets are exempt or subject to valid liens, the trustee normally files a "no asset" report, and there is no distribution to unsecured creditors.
Can secured creditors still take property after a discharge?
U.S. Courts says secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted.
How long does the process take?
U.S. Courts' overview of the process says the debtor normally receives a discharge just a few months after the petition is filed.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.